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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Dignity in Pay Act Now in Effect for Workers with Disabilities
The Dignity in Pay Act became effective in Illinois on January 1, 2025. Under the Act, the Illinois Department of Human Services (IDHS), the Illinois Council on Developmental Disabilities (ICDD), and the Illinois Department of Labor must implement a five-year process to increase employment …
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IRS Increases ABLE Account Contributions for 2025
The Internal Revenue Service (IRS) has issued Notice 2024-40 , which adjusts various tax-related figures annually for inflation. These adjustments, which take effect on January 1, 2025, include the limits on contributions to ABLE accounts for 2025. The amount of money you …
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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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Service Animals and Individuals with Disabilities
Under the Americans with Disabilities Act (ADA), a “service animals” are dogs* with individual training to do work or perform tasks for a person with a disability. The ADA does not require that service animals be certified by a particular …
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Power of Attorney or Guardianship: Which is Appropriate for My Adult Child with Special Needs?
Understanding the difference between a power of attorney and a guardianship is critical. When children with special needs approach age 18, parents must realize that they will soon become adults, at least as far as the law is concerned. Once …
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U.S. Department of Education Releases Guidance on Assistive Technology Devices and Services for Children with Disabilities Under IDEA
As the parent of a child with special needs, you know how important it is to advocate for your child’s education. The Individuals with Disabilities Education Act (IDEA) is an instrumental piece of legislation that helps protect the rights of …
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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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College Assistance for Young Adults with Disabilities
As children with special needs complete high school and become adults, parents may be looking for additional educational opportunities for them. Fortunately, your family may be able to take advantage of some forms of assistance that may enable, support, and …
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Financial Resources for Parents of Children with Special Needs
Supporting children with special needs typically goes far beyond age 18 and often is a lifelong commitment. Children with special needs may also have more financial needs than other children, especially if they have complex medical problems or require a …
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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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5 Issues to Consider Before Your Child with Special Needs Turns 18
As the parent of a child with special needs, your role as a parent becomes different when your child becomes a legal adult. Although your child may have some or all the same needs for assistance from you, your legal …
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How Will My Divorce Affect My Child with Special Needs?
Divorce in the United States today is common, and some studies suggest that parents of children with special needs may have even higher rates of divorce than other married couples. The personal, medical, and financial challenges that often accompany a …
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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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I’ve Established A Third Party Special Needs Trust, What’s Next?
Establishing a third-party special needs trust is a major step in providing for the needs of an individual with disabilities. Special needs trusts are complex and may be difficult to understand and administer. Once the trust documents have been signed, …
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What Expenses Can A Special Needs Trust Pay?
The purpose of a third party special needs trust is to provide persons with disabilities the means to augment their quality of life while enabling them to remain eligible for needs-based public benefits. While a special needs trust is a valuable tool …
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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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State Increasing Funding For I/DD Community
After a federal judge admonished the State of Illinois in 2017 for failing to meet the requirements of a 2011 consent decree requiring more community-based services for the intellectually and developmentally disabled (I/DD) community, Governor J.B. Pritzker has proposed a …
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Your Teachers’ Retirement System Pension (TRS) Can Provide Benefits For Individuals With Special Needs
The Illinois Teachers’ Retirement System (TRS) provides retirement benefits for workers in the educational system including: classroom teachers, regional superintendents school administrators school nurses, social workers, and psychologists school librarians other school-related positions requiring licensure. …
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Letter To Siblings
Message from Brian Rubin, attorney, founder of Rubin Law & the father of a son with autism, among other special needs… To the brothers and sisters of children and adults with special needs… We, your parents, fear that no one will …
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Sibling Perspectives on Special Needs
By Benjamin A. Rubin, Esq. When a family member has special needs, siblings grow up fast. Parents sometimes speak of how life changed for them when they began caring for a child with disabilities, but for me, and for many …
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Heart to Heart Family Educational Group Presentations
TO FELLOW FAMILIES OF CHILDREN & ADULTS WITH SPECIAL NEEDS, When you have a child with special needs, planning for that child’s future can be an overwhelming task. Where do you begin? Who has the answers? How do you find …
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Guidance & Information Article
THIS ARTICLE BY BRIAN N. RUBIN WAS PUBLISHED IN THE EXCEPTIONAL PARENT MAGAZINE © FEBRUARY 2011 THE GUIDANCE AND INFORMATION DOCUMENT FOR FUTURE CARE PROVIDERS AND TRUSTEES Why do it, when to do it, what it should include… Brian Rubin …
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Guidance for Future Care Providers & Handbook for Trustees
Contact our office by email to request a form “Letter of Intent” or Letter of Guidance for Future Care Providers (Will be sent in PDF format), including Guardians, Agency Staff, Family Members, etc. In addition, contact our office to request …
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MetLife Letter of Intent Article
GUIDANCE AND INFORMATION FOR FUTURE CARE PROVIDERS AND TRUSTEES What parent’s often forget . . . By Brian Neal Rubin J.D. Attorney & Fellow Parent As parents of children with special needs, we possess a vast amount of information about …
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Parenting Special Needs Magazine Letter of Intent Article
Running START First Steps for Writing the Letter of Intent by Brian Neal Rubin J.D. Special Needs Alliance The letter of intent (LOI), though not a legal document, plays a central role in your child’s special needs plan, putting its …
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The Special Needs Alliance
SNA is the national, not for profit, membership by invitation, organization of attorneys, dedicated to the practice of special needs estate and future planning, disability law and public benefits law. Individuals with disabilities, their families, and their advisors may rely …
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Military Pensions Article
MILITARY PENSIONS & SPECIAL NEEDS TRUSTS BACKGROUND: Many military families with disabled children face a dilemma about whether or not to choose the Survivor Benefit Plan (SBP) retirement option. SBP will pay up to 55% (with annual inflation adjustments) …
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What Is A Qualified Disability Trust Article
WHAT IS A QUALIFIED DISABILITY TRUST? Trusts are not allowed the deduction for personal and dependency exemptions under § 151 of the Internal Revenue Code. Instead, a trust that under its governing instruments is required to distribute all of its …
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Section 8 Housing Article
Section 8 Housing & Special Needs Trusts Introduction: The federal government subsidizes housing for individuals with disabilities. The subsidies come in the form of below market-rent units in public and private housing developments and vouchers for use in the private …
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The Pickle Rule Article
The Pickle Rule The Pickle Rule is named after former U.S. Representative James (“Jake”) Pickle. In 1976, Pickle objected to an annual Cost of Living Allowance (“COLA”) for Social Security benefits because that small increase in income would cost some …
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