As baby boomers continue to work past retirement age, age discrimination lawsuits are becoming more common. Two out of three workers between ages 45 and 74 say they have seen or experienced age discrimination, according to AARP. However, experiencing it and proving it are two different things. The federal Age Discrimination in Employment Act (ADEA)…
New Obama-era rules designed to give nursing home residents more control of their care are gradually going into effect. The rules give residents more options regarding meals and visitation as well as make changes to discharge and grievance procedures. The Centers for Medicare and Medicaid finalized the rules — the first comprehensive update to nursing…
Immediate annuities can be a useful tool to protect the spouse of a nursing home resident who applies for Medicaid. These types of annuities allow the nursing home resident to spend down assets and give the spouse a guaranteed income. But immediate annuities may not work in every state, so be sure to check with…
After initially delaying a rule intended to prevent financial advisers from steering their clients to bad retirement investments, the Department of Labor (DOL) announced that the rule will go into effect on June 9, 2017, but its future is still unclear. Earlier this year, President Trump signed an executive order delaying the so-called fiduciary rule,…
When your child is born with preventable birth defects due to medical malpractice, or suffers a catastrophic injury that leads to a lifelong disability, the resulting lawsuit can often take years. The end result of this long and arduous process will hopefully be a settlement or jury award designed to compensate your child for his…
Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. But even more valuable than the SSI benefit itself is that, in most states, a beneficiary who receives even $1 from the program also qualifies for Medicaid health coverage. To qualify for…
A little-publicized effect of the health care legislation the House of Representatives recently passed is its potential impact on vital health services that special education students receive. The federal Individuals with Disabilities Education Act (IDEA) guarantees all children a free and appropriate education in the least restrictive environment. The Act requires that children with special…
It is common for a parent to want to be named as trustee of a special needs trust benefitting her child, especially when the parent is the one creating or funding the trust. There are many reasons why this makes sense. It positions the parent to have complete control over trust distributions. It is also…
Many families of people with intellectual or developmental disabilities are familiar with The Arc. For more than 65 years, the Arc has been advocating for laws that protect the human rights of this population and offering hands-on support through its local chapters. In many ways, The Arc is a family’s resource directory in navigating real-life,…
The Trump administration is planning to allocate billions of public education dollars to expand private school voucher programs, but vouchers may not be the best option for families with special needs children. Vouchers allow parents to use public funds to pay for tuition at a private school of their choice, including religiously affiliated schools. This…
