October 2023
Around 14% of public school students receive special education services, including Individualized Education Plans, according to U.S. News and World Report. An IEP is a legal document that can advocate for your child’s unique educational needs. Your child can receive accommodations like extended test time and specialized instruction that enable intellectual development and academic success. Initiating an evaluation Obtaining an IEP begins with an evaluation to identify your child’s educational needs. You or your child’s teachers can request this assessment. After the request, schools usually have a set period to complete the evaluation, which varies by state. This step helps determine if your child qualifies for special education services under the Individuals with Disabilities Education Act. Creating the IEP document The school arranges a meeting once the evaluation confirms the need for an IEP. This meeting involves you, special education teachers, general education teachers and school administrators. Your child’s school must provide you with enough notice before the meeting and schedule it conveniently for all parties. The team collaborates at the meeting to develop an official IEP document. This document outlines your child’s educational performance, specific goals and necessary accommodations. It includes details like the support your child will receive and the length and location of services. Following the plan Once you and the school complete and sign the IEP document, the school can implement the plan. The teachers and school officials involved are responsible for carrying out the services and accommodations specified in the IEP. Federal law requires an annual review of each IEP to assess whether your child is meeting their goals and to make any necessary adjustments. Additionally, a comprehensive reevaluation should occur at least once every three years. You or your child’s teachers can also request an IEP meeting at any time to propose changes to the plan. By understanding these steps, you can more effectively navigate the IEP process. Your involvement ensures your child receives adequate educational support.
A trustee is responsible for administering a trust. However, what happens when there is more than one trustee involved? If you are the beneficiary of a trust with multiple trustees, you should know how all the people running your trust manage your assets. Co-trustees are individuals who share the responsibility of managing a trust. Their dynamics can vary depending on the terms of the trust document. Unanimous decision-making In some cases, co-trustees must all act together . Every decision concerning the trust must be a mutual one reached by the trustees. This approach ensures that no single trustee has more power or influence than the others, helping to promote fairness and transparency. It also prevents hasty decisions that may not align with the long-term goals of the trust. Majority vote Alternatively, co-trustees can operate under a majority vote system. In this scenario, a majority of the trustees make the decisions. For example, if there are three co-trustees, a decision would require at least two of them to agree. This system allows for quicker decision-making but can also result in situations where the opinion of a single trustee holds more weight than the others. Unequal power dynamics In some trusts, there might be a lead trustee with more authority and responsibilities than the other trustees. Often, a grantor sets up a trust this way because one trustee possesses the right expertise or experience to make autonomous decisions but still needs the assistance of co-trustees. While having a prominent trustee can streamline decision-making and provide clear leadership, power imbalances might still lead to conflicts among co-trustees. No matter the working relationship, a trustee has a fiduciary relationship with the beneficiaries of the trust, so a breakdown of performance by any trustee could lead to legal problems. The State of Washington provides a legal framework to resolve trust conflicts and other estate disputes through the Trust and Estate Dispute Resolution Act. While a trust conflict can involve a negotiated settlement, arbitration or mediation, these methods may still consume time and money. Composing a trust document with the proper safeguards, which may include a specific dispute resolution process, may avoid legal trouble between trustees in the first place.
When you are dealing with a severe mental condition like schizophrenia or other psychotic disorders, everyday life can be incredibly challenging. These conditions can make even simple tasks difficult, impacting your ability to work and sustain a livelihood. One avenue for support is Social Security Disability benefits, which aim to provide financial assistance to those unable to work due to one or more severe medical conditions. One way to qualify for Social Security Disability benefits is by meeting the requirements of the Social Security Administration’s (SSA) “Listing of Impairments.” In this blog, we will discuss how to meet the criteria for Listed Impairment 12.03, which relates to schizophrenia spectrum and other psychotic disorders. What is Listed Impairment 12.03? Listed Impairment 12.03 covers various psychotic disorders, including schizophrenia, schizoaffective disorder, and delusional disorder. The SSA has a set of criteria that you must meet to qualify under this category, which include both medical documentation and an assessment of your functional limitations. Medical Criteria To meet the medical criteria for disability under Listing 12.03, you must have medical documentation demonstrating at least one of the following symptoms: Delusions or hallucinations Disorganized thinking Grossly disorganized or catatonic behavior Functional Limitations In addition to meeting the above-medical criteria, you also need to show at least a marked limitation in one of the following areas or a moderate limitation in two or more of these areas: Understanding, remembering, or applying information Interacting with others Concentrating, persisting, or maintaining pace Managing oneself How to Provide Evidence Medical Documentation You will need medical records that include the diagnosis of a psychotic disorder as well as regular treatment notes from your healthcare provider. These notes should detail your symptoms, medications, response to treatment, and any side effects of medication. Hospitalization records and psychiatric evaluations can also be strong pieces of evidence. Third-party Statements Statements from friends, family, or coworkers can help prove your case. These statements should describe how your condition impairs your day-to-day functioning. Functional Assessments You may be required to attend a consultative examination (CE) by an SSA doctor if there isn’t enough medical evidence available. The doctor will assess your mental capabilities and limitations, which will be part of the evidence considered. You may also have your treating mental health provider complete a Mental Residual Functional Capacity Assessment form on your behalf. Having the support of your treating provider(s) can often times mean the difference between winning and losing a case. The Importance of Legal Guidance Navigating the disability process, particularly for complex conditions like psychotic disorders, can be difficult. Representation from a law firm experienced in Social Security Disability cases can offer invaluable assistance. An Advocate can guide you in gathering the necessary evidence, filling out forms accurately, and fighting for your rights during the appeals process if necessary. Conclusion Meeting the SSA’s Listed Impairment 12.03 for schizophrenia spectrum and other psychotic disorders involves detailed documentation and proof of your functional limitations. Understanding the requirements and gathering all the necessary evidence increases the likelihood of your case being approved. By having the assistance of an Advocate, you can further strengthen your case and significantly increase your chance of winning the Social Security Disability benefits you deserve. If you’re navigating this difficult process, consider consulting a Social Security Disability Advocate at Brothers and Henderson. Prepared with years of expertise, we’re here to guide you through each step, fighting to help you obtain the Social Security Disability Benefits you rightly deserve.
