May 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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Parents usually want to provide for their children, including those with special needs. However, leaving a large inheritance directly to an adult child with special needs can cause major problems. This approach might seem like the best way to ensure financial security. However, it can lead to unintended consequences. These outcomes can undermine the child’s long-term well-being and financial stability. Impact on government benefits Many individuals with special needs use government programs such as Supplemental Security Income and Medicaid. These programs have strict income and asset limits. If an adult child receives a large inheritance directly, they might become ineligible for these benefits. Losing access can be a major blow. These programs often provide medical care, housing assistance and other vital services. Regaining eligibility can be a complex and lengthy process, leaving the individual without necessary support in the interim. Financial management challenges Managing a large sum of money can be overwhelming for anyone, but it poses unique challenges for individuals with special needs. Some may lack the financial literacy or the capacity to handle substantial funds responsibly. This can lead to mismanagement or exploitation by others, resulting in the rapid depletion of the inheritance. Emotional and social consequences A large inheritance might create an imbalance in relationships, both within the family and with others. Siblings or other relatives might feel resentment or jealousy. Additionally, having a significant amount of money without the skills to manage it can cause stress and anxiety for the individual with special needs, potentially exacerbating their condition. Long-term concerns and solutions Long-term financial security for an adult child with special needs requires careful planning. Parents should consider financial strategies that provide consistent support throughout the child’s life. Estate planning approaches such as special needs trusts, guardianships or conservatorships, A BLE (Achieving a Better Life Expe rience) accounts , structured financial gifts and life insurance policies are some possibilities. Parents can explore these alternative methods to the various challenges of providing support. Proactive planning goes a long way.
Parents want their children to have the support they need to transition from school to adulthood. In Washington state, IEPs can play a major role in this process. For example, a well-crafted transition plan outlined in an IEP may address areas such as education, employment, independent living skills and community engagement. 1. Collaborate with the IEP team As a parent, you are an essential member of your child’s IEP team. Collaborate with your child, educators, counselors and other professionals to ensure that the transition plan reflects your child’s unique strengths, needs and goals. Actively participate in IEP meetings. Share insights about your child’s interests, preferences and aspirations. 2. Advocate for early and ongoing transition planning Transition planning should begin early, ideally by age 14, and evolve as your child progresses through high school. Advocate for regular assessments of your child’s skills, interests and goals to inform the development and refinement of the transition plan. Encourage the IEP team to set measurable objectives and provide the necessary supports and services to achieve these goals. 3. Explore resources and services Washington state offers various resources and services to support transition planning. They include vocational rehabilitation programs, job training initiatives and community-based organizations. Familiarize yourself with these resources and advocate for your child’s access to them. 4. Monitor progress and make adjustments as needed Transition planning is an ongoing process that requires regular monitoring and adjustments. Stay actively involved in your child’s education and transition planning. Regularly review their progress toward their goals and advocate for any necessary modifications to their IEP. If you encounter resistance from the IEP team, remain persistent and assertive. The Individuals with Disabilities Education Act should ensure that your child receives a free and appropriate public education, including comprehensive transition planning. By understanding the importance of transition planning, parents can empower children to lead fulfilling lives beyond the classroom.
If you stand to gain an inheritance from a deceased family member, you might find yourself dealing with confusing questions if there are disputes over a will. For instance, your relative may have written a new will to revoke an old one, but since destroyed or revoked the new will. You may wonder if the old will goes back into effect. Fortunately, the state of Washington addresses this question as part of its estate laws. When a destroyed will stays inactive When it comes to estate planning, the legally expressed wishes of a person are what counts. So if an individual creates a new will that expressly voids an old will but later destroys the new will, it does not mean the old will becomes valid again. This is because revoking a new will does not automatically communicate any desire to revive an old will. Actions that can restore an old will According to state law, it must be the intention of the testator that an old will is revived. Therefore, there must be a legally provable document that states a desire to reactivate a destroyed will. Alternatively, a testator may make a succeeding declaration of intent to reactivate an old will, or the circumstances of revoking the will may provide evidence of such intent. Additionally, a person can revive an old will by revoking a codicil, which is an amendment to an existing will that changes its terms. If an abolished codicil revoked a will in full or in part but is no longer in effect, the terms of the old will impacted by the codicil shall become legally valid once more. Probate can wade into uncertain waters, which is why gathering every document and statement made about a will can make a difference if there is genuine doubt about whether a particular will truly expresses the wishes of its creator.
Navigating the complex process of Social Security Disability Insurance or Supplemental Security Income can be daunting, especially if one receives a denial for their initial application. Understanding the deadlines for appealing this decision is important to maintaining eligibility and securing benefits. The importance of timing Once the Social Security Administration denies a disability claim, it sends a notice to the applicant, detailing why it denied the claim and how to appeal the decision. This notice also marks the start of a strict deadline: The applicant has only 60 days from the date of the denial notice to file an appeal. The SSA assumes receipt of the denial notice five days after the date on the notice unless there is evidence to prove otherwise. This tight timeframe underscores the importance of quick action following a denial. Steps in the appeals process The appeals process consists of several stages, each with its own specific deadline and set of requirements: Reconsideration: This is the first stage where another reviewer will examine the entire claim afresh. It is the applicant’s chance to provide new evidence or information that might affect the decision. Hearing by an administrative law judge : If reconsideration does not result in a favorable outcome, the applicant can request a hearing. At this stage, presenting the case in person or via video conference allows the judge to ask questions and interact with the claimant directly. Review by the Appeals Council : If the judge still denies the claim, one can request a review by the Social Security Appeals Council. The Council might review the case itself or send it back to the administrative law judge for further review. The final stage of the appeal involves filing a lawsuit in a federal district court. This step is significant as it moves the decision-making process outside of the SSA. Why deadlines matter Missing an appeals deadline typically means losing the chance to appeal the decision at all, possibly requiring the applicant to start the entire application process over. This reset not only extends the time before potentially receiving benefits but also might affect the back pay to which the applicant is entitled, based on their application date. Navigating the appeals process effectively means paying close attention to deadlines and being proactive about gathering and submitting all necessary documentation and evidence.
