July 2024
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On Behalf of Brothers & Henderson, P.S. | Mar 6, 2025 | Social Security Disability | The Social Security Administration (SSA) requires periodic reviews to ensure individuals receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) still qualify for benefits. This process, called a Continuing Disability Review (CDR), can feel overwhelming, but preparation and knowledge can make it more manageable. Understand the review timeline The SSA reviews cases based on the likelihood of medical improvement. Those expected to improve may be reviewed every six to 18 months, while others with conditions unlikely to improve may only face reviews every five to seven years. Understanding when to expect a review can help ensure all necessary medical records are up to date. Keep medical records organized Maintaining detailed medical records is essential for a smooth review process. The SSA requires updated information about treatments, doctor visits, medications, and any changes in medical conditions. Keeping a file with this information makes it easier to provide accurate details when requested. Respond promptly to SSA notices Failure to respond to SSA requests can lead to benefit suspension. When receiving a CDR notice, reading all instructions carefully and submitting forms by the deadline is critical. If additional medical records or information are needed, contacting the healthcare provider immediately can help avoid delays. Continue medical treatment Ongoing medical treatment provides evidence that the disability still limits the ability to work. Gaps in treatment can raise questions about whether benefits are still necessary. Following prescribed treatments and regularly visiting healthcare providers can strengthen the case during a CDR. Seek legal or professional assistance if needed If the SSA determines that benefits should end, appealing the decision is an option. Seeking help from a disability attorney or advocate can improve the chances of a successful appeal. Professionals understand the legal requirements and can guide individuals through the appeals process effectively. Knowing SSA policies and rights under disability laws helps individuals navigate the system confidently. Resources such as SSA’s website and disability advocacy groups provide valuable information to ensure continued eligibility for benefits.
An Individualized Education Program (IEP) is a detailed document that outlines the educational plan for a student eligible for special education, specifying the special education and related services tailored to meet their unique needs. When parent(s)/legal guardian(s) attend an initial IEP meeting, they are (or should be) given a draft of a large document filled with information that may be new and somewhat intimidating to them. Subsequent IEPs are similarly packed with information. Given the extensive material that fills an IEP, it may be hard to know what to pay particular attention to in it. Here are my top five things to focus on in an IEP: 1. There should be two different signature pages on initial IEPs: a. Parents sign to document their attendance at IEP meeting. b. Parents sign a second page at the end of the meeting to agree to the IEP and the services to be provided under it. Note regarding the 2 nd signature page: Parents should not sign the second page until they have had all questions answered and they are in agreement with the services to be provided. If parents disagree with the IEP, they should discuss it with the IEP Team and ask for changes to be made. Special Ed. services typically will not begin until parents have signed this page. This second signature page is typically not required beyond the initial IEP. At IEP meetings with only one signature page, parents should clearly state the intent of their signature, e.g. “I am signing just to indicate that I am in attendance at the meeting, right? Not that I necessarily agree with the contents yet?” 2. Present Levels/Goals/Objectives – this is documentation of what the student can do now, what the team wants the student to be able to do over the course of a year, and how the SPED staff plan to help the student make progress toward that goal. Present Levels of Functioning (or Performance) – In reviewing these, parents should ask themselves: Does this appear accurate? Does it include the child’s strengths as well as challenges? Is there anything they’d like added? Are there other details about the students present functioning/performance that would help the IEP team to decide on appropriate goals or services? Parents are part of the IEP team, so don’t be afraid to ask that information be added or altered. Goals & Objectives -- All goals and objectives need to be SMART (Specific, Measurable, Achievable, Relevant, and Time-bound). Look at what is being worked on with the student and how it’s being worked on. SPECIFIC. What exact skill is being worked on in the goal? What exact requirements must the student demonstrate to meet the goal? MEASURABLE . What method(s) will be used to track the student’s progress? How will teachers and parents know when the goal is met? Make sure the methods of measurement are specific and clear and that progress is noted by some form of documentation (e.g. “as measured by teacher observation” is vague and it’s not clear if/how the teacher will keep track of the observations or if there is any structure to the observations and data collection). If the staff is not collecting data, ask how they can tell if the student is progressing toward the goals? (The answer is, they really can’t do so in a valid and reliable way that has meaning.) Ask to see the data being collected . Parents should be able to see the data collected upon request (make sure to ask for it during/throughout the school year, as schools often throw data sheets out at the end of the school year). ACHIEVABLE. Is the goal realistic for the student to reach within a year’s time? Does it seem too difficult or too easy? RELEVANT. Is the goal something that will really help the student? Is it useful to the student to learn the skill the goal addresses? TIME-BOUND. Does the goal contain a start date and end date? OTHER THINGS TO WATCH FOR: Are the goals the same (or very similar) year after year with little or no change? There should be no need to repeat the same goal over and over if it’s not working for the student (i.e. progress isn’t being made). This is a sign that the goal is not working and should be revised or scrapped for a completely new one. Do the goals address all areas of the student’s needs as identified in the evaluation report? The areas of recommended specially designed instruction – SDI -- (i.e. the goals) should be stated in the evaluation report. The IEP drafter(s) then take those recommendations and create goals from them based on the student’s specific and unique needs. If parents think a goal needs to be changed or tweaked a bit, tell the IEP Team at the meeting (or beforehand if they get an early draft of the IEP). 3. Accommodations – these are changes to the student’s learning environment that help them access the curriculum. Think of the student’s needs in completing schoolwork/tasks at home, getting through the school day, approaching challenging tasks, maintaining focus, calming down when stressed, etc. Are there any accommodations the student needs (or would benefit from) that are missing? Ask to have them added. Take note of whether each accommodation is for the classroom, testing settings, or other times/aspects of the school day. If parents think anything is missing, they should discuss it with the IEP Team and ask that it be added. Do the accommodations seem reasonable and make sense? Do you understand from the written document when and specifically how the accommodations will be provided? 4. Service matrix pages (including placement, ESY, transportation, ERP and PE). Services: This information is usually presented in a grid format in the latter part of the IEP, and it documents the various services, number of minutes the services are provided, and by whom. Note areas of SDI being provided, by whom, in what setting (General Ed. or Special Ed.), and for how many minutes in the school day/times per week. Is SPED teacher, a paraeducator/aide, or someone else providing the minutes? Any Related Services provided? In what areas and how many minutes/times per week? If they are held on a day the student often experiences particular difficulty (such as more difficulty focusing or having meltdowns, etc.) at the start of the week or the end of the week, ask if it’s possible to change to a different day. Are any Supplementary Aids and Services being provided? What are they, when, where and by whom? If the student has a 1:1 paraeducator/aide, that service will typically be listed in this area of the service matrix chart. Placement: Students need to be placed in the Least Restrictive Environment for their learning (i.e. we don’t want to overload them with services and supports they don’t really need, but we also want to provide those services in the general setting if reasonable and we do not want to underserve students). Time: Check the percentage of time the student will spend in General Ed. vs. Special Ed. classes. Does it seem like too much, too little, or just right? Transportation, ESY, PE and ERP: Notice whether the boxes providing for special transportation, extended school year (ESY), special PE, and/or an Emergency Response Protocol (ERP) for the student were checked. Are any checks missing that should be there? Are any present that shouldn’t be, or that you have questions about? Talk to the IEP team about it, ask questions, and make sure you understand why any of these boxes are/are not checked. If ERP is checked, ask for a copy of it. If school doesn’t have it in writing, it should be put in writing and parents should have a copy.
A guardian has a legal duty to make decisions that protect and support the person in their care, called the ward. This includes handling money, making medical choices, and keeping the ward safe. Courts choose guardians for people who cannot care for themselves because of age, illness, or disability. Guardians must be honest, careful, and put the ward’s needs first. Ways a guardian can break their duty A guardian breaks their duty when they fail to act in the ward’s best interest . This can happen if they misuse money, ignore the ward’s needs, or make choices that benefit themselves instead. Some common examples include spending the ward’s money on personal expenses, refusing needed medical care, or allowing unsafe living conditions. These actions can lead to serious legal trouble. Legal consequences of breaking fiduciary duty Guardians who do not follow their legal duties can face serious penalties. A court can remove them from their role, make them pay back stolen or misused money, or fine them. If the wrongdoing is severe, they may even face criminal charges like fraud, theft, or abuse. Family members, friends, or government agencies can take legal action to protect the ward. How courts handle guardians who break the rules Courts take violations of fiduciary duty very seriously. If someone reports a problem, a judge may investigate or require the guardian to show financial records. If the court finds wrongdoing, the guardian may be removed and replaced with someone more responsible. Courts may also take further legal steps to punish bad behavior and protect the ward. How guardians can avoid legal trouble Guardians can follow the rules by keeping good records, being honest about their actions, and asking for legal advice when needed. Talking to lawyers or financial professionals can help them make the right decisions. Family members and friends should also stay involved to make sure the guardian is acting responsibly. Being a guardian is a serious job that requires honesty and care. Guardians must act in the best interest of the ward and follow the law. By staying informed, seeking advice, and making ethical choices, guardians can ensure they fulfill their role properly and protect the people who depend on them.
Students with disabilities in Washington state have legal protections when facing disciplinary action. These protections ensure fair treatment and prevent discrimination. Schools must follow federal and state laws to safeguard the educational rights of students with disabilities. If your child with special needs is facing suspension or expulsion, it is important to know how you can advocate for their rights. How IDEA protects students with disabilities The Individuals with Disabilities Education Act (IDEA) outlines specific procedures schools must follow. When a student with a disability faces a suspension or expulsion that lasts more than ten school days, schools must conduct a manifestation determination review (MDR). This review examines the relationship between the student’s disability and the behavior in question. During the MDR process, a team reviews the student’s Individualized Education Program (IEP). This team includes parents, educators and other professionals. They will work to answer two important questions: Was the behavior caused by, or directly related to, the student’s disability? Did the school’s failure to implement the IEP contribute to the behavior? If the team determines that the behavior resulted from the student’s disability or a failure to follow the IEP, the school cannot proceed with the suspension or expulsion. Instead, the school must develop or modify the student’s behavior intervention plan and work to prevent future incidents. When disciplinary action is admissible If the behavior was not related to the disability, the school may apply the same disciplinary actions used for other students. However, the school must still provide educational services to the student during the suspension or expulsion period. These services allow the student to continue progressing in the general education curriculum and working on IEP goals. Families play a valuable role in advocating for their child’s rights during the disciplinary process. They can request an independent evaluation or additional meetings if they disagree with the MDR’s findings. These protections ensure equal opportunity in special education , even when facing disciplinary challenges.
Setting up a special needs trust is a critical step in securing the financial future of a loved one with disabilities. Avoiding these common mistakes ensures that a special needs trust provides long-term support without jeopardizing government benefits. Careful planning and professional guidance help families secure their loved one’s financial future. 1. Failing to choose the right type of trust Many people make the mistake of choosing the wrong type of trust. Special needs trusts come in two main types: first-party and third-party trusts. The beneficiary’s assets fund a first-party trust, while parents or relatives fund a third-party trust. Selecting the wrong type directly impacts eligibility for government benefits. 2. Naming an unsuitable trustee Selecting the wrong trustee can lead to mismanagement of trust assets. The trustee should have financial knowledge, understand government benefit rules, and act in the best interests of the beneficiary. Many families benefit from using a professional trustee or co-trustees to ensure proper administration. 3. Failing to fund the trust properly Setting up a trust but not funding it is a costly mistake. Ensure that assets intended for the beneficiary, such as life insurance or inheritance, are directed to the trust. Avoid giving assets directly to the beneficiary, as this could disqualify them from receiving government benefits. 4. Ignoring the impact of government benefits A special needs trust must be structured to maintain the beneficiary’s eligibility for programs like Supplemental Security Income (SSI) and Medicaid. Mismanaging the trust or failing to follow the rules can result in a loss of these critical benefits. Working with a knowledgeable attorney can help avoid these issues. 5. Neglecting regular updates Family and financial situations and the law change over time. Failing to update the trust to reflect these changes can create problems for the beneficiary. Regularly review the trust to ensure it meets current needs and complies with evolving laws.
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As a parent or legal guardian of a child with special needs, you are likely no stranger to the Individualized Education Program (IEP) process. While the IEP is a vital tool in ensuring your child receives a tailored education, it is not the only path to accessing support. There is a whole world of related services that can further support your child’s learning and development. What are related services? Related services are developmental, corrective and other supportive services that can help a child with a disability to benefit from special education. These services can include: Therapy services: Such as speech-language therapy, occupational therapy, physical therapy and counseling services Transportation: Specialized transportation or accommodations to access transportation Assistive technology: Provision of devices or equipment that help a student participate in school These services often go b eyond traditional academic support . Related services can also be provided in alternative settings, such as at home or in the community. How are related services determined? Related services are determined by the IEP team, which includes parents, teachers and other education professionals. During the IEP meeting, the team will discuss your child’s strengths, needs and goals, and determine which related services are necessary to support their education. As a parent, you play a critical role in this process and should advocate for the services you believe your child needs. Why are related services important? Related services can have profound impact on your child’s ability to access and participate in their education. For instance, a student with a physical disability may require physical therapy to develop the necessary strength and mobility to participate in classroom activities. Similarly, a student with a speech-language impairment may need speech therapy to effectively communicate with their peers. Facing roadblocks? While schools are responsible for providing related services, you can still encounter obstacles when requesting access to these services. If your child is facing barriers to accessing necessary related services, know that you are not alone. You can consult with an experienced special education lawyer who can provide guidance and support in advocating for your child’s needs. Remember, you are your child’s strongest ally, and accessing the right support can make all the difference in their educational journey.
When a person passes away, their estate must go through a process called probate. During this time, the court addresses creditors’ debts and claims. This ensures that they settle the deceased’s financial obligations before distributing any remaining assets to beneficiaries. Identifying the deceased’s debts The first step in handling debts during probate is identifying what the deceased owed. It involves gathering all bills, statements, and financial records. You may also need to contact banks, credit card companies, and other financial institutions to find all outstanding debts. Notifying creditors and reviewing claims Once you identify the debts, you must notify the creditors. In Washington, creditors are typically given four months to submit their claims against the estate after you notify them. You can put the notification in a public notice in a local newspaper, ensuring that you inform all potential creditors. After receiving the claims, the personal representative or executor will review them to determine their validity. This step is crucial because it’s possible to get invalid claims. You must carefully examine each claim to ensure it is legitimate and accurate. Prioritizing and paying valid debts Not all debts are equal. In Washington, certain debts have priority, such as funeral expenses, administrative costs, and taxes. You must pay these debts first before other claims. The estate’s assets will go to paying off any legitimate debt. It can include outstanding bills, credit card balances, and any other owed amounts. In some cases, selling estate assets might be necessary to cover these debts. The personal representative is responsible for making these payments, ensuring they settle any valid debt. Navigating the final steps Probate can be a complex process, especially when dealing with debts and creditors’ claims. It’s essential to follow the legal steps carefully to ensure you meet all obligations.
Guardianship involves a person or entity legally responsible for caring for someone unable to care for themselves due to age, disability, or other reasons. When you start planning for the future, it is crucial to consider who will look after your loved ones in your absence. This is why it is important to understand the different types of guardianship. Full guardianship Full guardianship grants a guardian complete control over personal and financial decisions for the ward (the person under guardianship). It is often used when the ward cannot make safe or sound decisions due to their condition. The guardian takes responsibility for everything from healthcare to managing finances. Limited guardianship Unlike full guardianship, limited guardianship restricts a guardian’s power to certain areas of the ward’s life. For example, if the ward can handle some daily activities but struggles with complex financial decisions, limited guardianship might be appropriate. This arrangement helps maintain the ward’s independence while providing necessary support. Temporary guardianship Sometimes, emergency situations need temporary guardianship. This type is short-term and arises when the ward requires immediate decisions. The temporary guardianship usually ends once the emergency is over and those involved consider long-term solutions. Guardianship of the estate This type focuses on managing the ward’s finances. The guardian oversees all financial aspects, including assets, investments, and day-to-day transactions. This is often set up when the ward can make personal decisions but needs help with complex financial matters. Guardianship of the person This type involves overseeing the ward’s well-being and daily needs, such as healthcare, nutrition, and living arrangements. It is suitable when the ward can manage their finances but needs help with personal care. Understanding the different types of guardianship helps ensure your loved ones receive the right care and support. By choosing the most appropriate guardianship, you can provide for their needs and secure their future well-being.
