October 2024
Recent Posts
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.
RSS FEED
Receiving a denial letter for your Social Security Disability Insurance (SSDI) claim can be discouraging. However, a denial doesn’t mean the end of the road. There are several steps you can take to appeal the decision and improve your chances of getting the benefits you need. Understand the reason for denial First, read the denial letter carefully to understand why the SSA denied your claim. Common reasons include insufficient medical evidence, failure to follow prescribed treatment, or earning too much income. Knowing the specific reason helps you address the issues in your appeal. File a request for reconsideration You have 60 days from the date you receive the denial letter to request a reconsideration . During this stage, a new examiner reviews your claim. Make sure to submit any new medical records or additional evidence that supports your case. Gather additional medical evidence Collect updated medical records, doctor’s notes, and test results that prove your disability . Ask your healthcare providers to write detailed statements about your condition and how it affects your ability to work. Strong medical evidence is crucial for a successful appeal. Keep detailed records Maintain a journal of your symptoms, treatments, and how your condition impacts daily activities. This information can help illustrate the severity of your disability. Also, keep copies of all correspondence with the Social Security Administration (SSA). Prepare for a hearing with an administrative law judge If the SSA denies your reconsideration, you can request a hearing before an administrative law judge. This is your chance to present your case in person. Practice answering potential questions and consider bringing witnesses who can testify about your condition. Stay persistent and patient The appeals process can be lengthy and may require multiple steps. Stay focused and respond promptly to any requests from the SSA. Keep attending medical appointments and follow your treatment plan. Explore other assistance programs While awaiting a decision, look into other resources that can provide financial or medical assistance. Programs like Supplemental Security Income (SSI), Medicaid, or local community services might offer temporary support. Being denied SSDI benefits can feel overwhelming, but remember that the SSA does not approve many initial claims. By understanding the steps to take, you can improve your chances on appeal. Remember to not give up. Persistence can pay off in securing the benefits you need.
Private school placements can be an important option for students with special needs when public schools cannot meet their educational needs. In Washington state, the Individuals with Disabilities Education Act (IDEA) allows for private placements under certain conditions. Understanding how private school placements work can help families make informed decisions. When is private placement an option? Private school placement is an option when a public school cannot provide an appropriate education for a student with special needs . The IEP team plays a major role in deciding whether a private school placement is appropriate. The team includes educators, specialists, and the student’s parents. If a student’s I ndividualized Education Program (IEP) team determines that the public school cannot meet their specific needs, the school district may place the student in a private school at no cost to the family. This decision must be based on the student’s individual needs and the services required to support their learning. This placement is often made to ensure the student receives the services and support necessary for their education. Funding for private school placements In Washington state, if the school district recommends a private placement, they must cover the cost. However, if parents decide to enroll their child in a private school without the district’s approval, they may not be eligible for reimbursement. In these cases, parents must prove that the public school failed to provide an appropriate education or was unable to provide one. This can be challenging, has specific requirements for notice to the school district and other procedures, and may require legal action. Finding the right placement Private school placements can offer specialized support for students with special needs, but they require careful consideration. Families should work closely with the school district to explore all options and ensure that their child receives the best possible education to meet their unique needs.
When a person passes away, their estate may need to go through probate, the legal process of distributing assets. However, not all assets are subject to probate. Understanding what assets must go through this process can help families manage the estate efficiently. Probate assets Any asset without a designated beneficiary or joint ownership is typically categorized as a probate asset . Probate assets are those owned by the deceased and can include bank accounts, real estate, and personal property such as vehicles or jewelry. If the deceased did not have a will, the court uses Washington’s intestacy laws to determine how to distribute these assets. Probate laws require the executor to gather and list all probate assets before they can distribute them to the beneficiaries. Non-probate assets Non-probate assets avoid the probate process. These include assets where a beneficiary is designated, such as retirement accounts, life insurance policies, annuities, and payable-on-death bank accounts. Jointly owned property with rights of survivorship, such as a house or car, also skips probate and transfers directly to the surviving owner. The role of trusts Trusts play a significant role in keeping assets out of probate. When someone places assets in a living trust during their lifetime, these assets do not go through probate. Instead, the trustee manages and distributes them according to the terms of the trust when the person passes away. A trust can be a useful tool to avoid probate in certain circumstances. However, while probate is avoided, tasks are still required to administer the trust. Navigating probate Effectively managing an estate requires attention to detail and understanding the legal processes involved. Keeping clear records and staying organized can help ensure a smooth transition of assets. Proper estate planning and administration can provide peace of mind for families during a difficult time.
