Comparing Special Needs Trusts with ABLE Accounts
Special needs trusts and ABLE accounts are useful saving tools to save much-needed funds for children with special needs. Although their requirements vary, these tools allow these individuals to shelter savings without endangering their eligibility for means-tested government assistance programs …
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DOJ Launches Investigation into Illinois Department of Human Services Division of Developmental Disabilities; Administration for Community Living to Close
The U.S. Department of Justice (DOJ) has advised the Illinois Department of Human Services (IDHS) Division of Developmental Disabilities by letter that it is launching an investigation into the agency’s treatment of people with developmental disabilities. Illinois has over 1,600 individuals …
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HB 1337 Would Limit Waivers Signed by Parents of Children with Disabilities
Special education advocates from organizations such as Equip for Equality, Access Living, and Legal Council for Health Justice are pushing the Illinois General Assembly to pass House Bill (HB) 2337 to protect the educational rights of children with disabilities. Representative Laura Faver Dias introduced …
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The Exceptional Family Member Program: Assistance for Military Family Members with Disabilities
Military families who have a family member with special needs may be able to enroll them in the Exceptional Family Member Program (EFMP) , which provides support and management for their care and services. EFMP is a U.S. Department of Defense program available to members …
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Social Security Returns Overpayment Recovery Rate to 100%
The Social Security Administration (SSA) has announced that it will return to its previous policy of a 100% overpayment recovery rate. In other words, if SSA discovers that a Social Security beneficiary has been overpaid, it will retain 100% of the beneficiary’s monthly Social …
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Think Differently Database Act Now in Effect
President Joe Biden signed the Think Differently Database Act into law a few weeks before leaving office. The law aims to establish an online database to gather and publicize resources for people with disabilities, their families, and caregivers. The Secretary for the U.S. Department …
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Coalition of States Asks Court to Declare Section 504 of the Rehabilitation Act Unconstitutional
In 1974, the Rehabilitation Act of 1973 became law. Congress has passed various amendments to the Rehabilitation Act over the years, including the amendments contained within the Americans with Disabilities Act (ADA). One portion of the Rehabilitation Act particularly relevant …
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Congress Extends Autism CARES Act and Think Differently Database Act, but Funding Remains Uncertain
Former President Joe Biden signed a five-year extension of the Autism Collaboration, Accountability, Research, Education and Support Act (Autism CARES Act) in late December 2024. The move came just days after the Autism CARES Act expired. Autism CARES Act The Autism CARES Act, which originated in 2006, funds …
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National Council on Disability Issues Annual Progress Report
The National Council on Disability (NCD) has released its annual progress report for 2024. In this report, NCD summarizes developments in disability policy that have occurred over the last year. NCD also points out several areas of progress in the report and makes …
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HB 0793 Increases Personal Needs Allowance, Heads to Governor for Signature
The Illinois legislature has passed HB 0793 and Gov. JB Pritzker has signed it into law. The bill amends various laws affecting human services and some persons with disabilities. Notably, HB 0793 amends the Medical Assistance Article of the Illinois Public Aid …
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CMS Issues Guidance on Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment Requirements, Behavioral Health Coverage
The Centers for Medicare & Medicaid Services (CMS), a division of the U.S. Department of Health and Human Services (HHS), recently issued SHO #24-005 – Best Practices for Adhering to Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Requirements . This guidance provides comprehensive guidance to support states to ensure that the 38 million children with Medicaid …
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Housing Options for Adult Children with Special Needs
Many children with special needs remain in a parent’s home after they become adults, with their parents continuing to be their primary caregivers. However, as children get older, their need for independence may change, as well as their housing options. …
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HHS Issues Final Rule Strengthening Protections Against Disability Discrimination Under Section 504
The U.S. Department of Health and Human Services (HHS) has issued a final rule entitled “ Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance .” The rule’s purpose is to update, clarify, and strengthen the regulation that implements Section 504 of the Rehabilitation Act of 1973. Section 504 …
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IEPs and Your Child with Special Needs
Although Rubin Law does not currently provide legal representation in special education matters, we recognize that many of our clients have children who have or will have individualized education plans (IEPs) at some point in the future. As a result, we are providing this general legal …
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DOJ Issues Final Rule Updating ADA as to Accessibility of Web Content and Mobile Apps Provided State and Local Governments
The U.S. Department of Justice (DOJ), Civil Rights Division, published a final rule in the Federal Register on April 24, 2024, updating its Title II regulations for the Americans with Disabilities Act (ADA). The purpose of the rule is to establish certain …
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Social Security Changes Rules on Recouping Benefit Overpayments
The Social Security Administration (SSA) has announced that it will change how it collects past benefit overpayments to Social Security recipients. SSA’s previous overpayment policies have left many Americans with disabilities in dire financial circumstances. SSA previously insisted that individuals with benefits overpayments immediately …
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HUD Regulations Effective January 1, 2024, Exclude Special Needs Trusts Proceeds from Income for Purposes of Low-Income Housing
The Housing Opportunity through Modernization Act (HOTMA) became law in January 2016. However, final regulations to implement certain sections of the law are now going into effect. The final rule to implement Sections 102, 103, and 104 of HOTMA took effect on …
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How Different Types of Insurance May Assist Your Child with Special Needs
As the parent of a child with special needs, you must plan not only for your financial future but also for that of your child. That plan may include the use of various forms of insurance. While you may plan …
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What Are Resource Limits for Public Benefit and How Do They Affect Benefits Eligibility for My Adult Child with Special Needs?
As children with special needs become adults, they often rely on various public benefits to assist them with medical care, financial support, and other forms of care. These public benefits programs may include Supplemental Security Income (SSI) and Medicaid. However, …
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Understanding Medicaid HCBS Waivers for Adults with Special Needs
Home and Community-Based Services (HCBS) waivers are programs that offer services designed to permit individuals to remain in their own homes or communities rather than in institutions. Illinois waivers address different services for individuals with similar levels of needs. Illinois has nine HCBS (1915(c)) waivers, which …
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Medicaid Estate Recovery: What Kinds of Accounts and Assets Will the Government Seek “Pay Back” From After My Loved One with Special Needs Passes Away?
Under current law, Illinois generally must pursue Medicaid estate recovery from the estates of Medicaid recipients. As a result, when the Medicaid beneficiary passes away, the state of Illinois typically will pursue the beneficiary’s assets for repayment of the Medicaid …
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Illinois Medicaid Asset Limit Increases from $2,000 to $17,500
Generally, Medicaid or Aid to the Aged, Blind, and Disabled (AABD) is a state-sponsored medical insurance program for certain individuals with disabilities based on financial need. One major benefit to Medicaid is that it covers long-term care costs including group …
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Issues to Consider When Your Child with Special Needs Turns 22
If you have a child over the age of 18 who is currently receiving special education services, you likely had to make some important decisions and changes as your child turned 18 and became a legal adult. However, turning age …
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The Role of the Guardian Ad Litem in Guardianship Proceedings
Guardian ad litem is a term you have likely heard, but may not understand what it means or their role. When adults with special needs turn 18, they legally become adults. As a result, their parents’ legal rights to make …
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Working When an Adult with Special Needs Receives SSI or Social Security Disability Benefits
When an adult with special needs receives any Social Security benefits, earning wages from working could affect those benefits. However, the impact that working can have on Social Security benefits depends largely on what type of benefits the adult receives …
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Supported Housing Options for Adult Children with Special Needs
Many families choose to care for their adult children with special needs at home. However, as parents age, adult children become more independent, or their needs change, families may reassess their housing arrangements. Various supported housing options for adult children …
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What Happens to Public Benefits Eligibility if Your Child with Special Needs Marries?
Some adults with special needs eventually choose to marry. When this happens, you may be concerned about the impact of your adult child’s marriage on their ability to continue to receive public benefits. When your adult child with special needs …
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How Social Security Evaluates A Trust As A Countable Resource
A person’s resources affect the ability to qualify for crucial government benefits. The Social Security Administration (SSA) sets forth resource limits for SSI applicants and recipients. For example, to qualify for Supplemental Security Income (SSI), countable resources must not be worth more …
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Qualifying For Disability Benefits As An Adult
Social Security benefits are available through the Social Security Disability Insurance (SSDI) program to people who cannot work because they have a medical condition expected to last at least one year or result in death. Adults must meet a very …
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Social Security Recipients to Pocket 5.9% Benefit Increase
Recently, the federal government announced the cost-of-living adjustment (COLA) for 2022. This adjustment is applied to federal benefits to be disbursed in 2022. Many analysts expected that the COLA would be the highest since 1983 when it was 7.4 percent. …
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Understanding Eligibility Rules for Means-Tested Programs, Part Two
The second part of this blog will discuss the way that income is characterized for a means-tested entitlement program and how it affects a benefit award. The federal Supplemental Security Income (SSI) program rules distinguish between and characterize income in …
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Understanding Eligibility Rules for Means-Tested Programs, Part One
Eligibility rules for many critical essential entitlements are means-based. Thus, any income and assets received by an individual with disabilities will affect the benefit awards that they potentially receive from these types of entitlement programs. Therefore, the effect of these …
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