At Mandelbaum Barrett PC, our compassionate and experienced attorneys provide a wide variety of legal services intended to help your family navigate the legal system and maximize the rights and benefits available to individuals with special needs.
If you have a loved one with a special need, you know how important it is to protect their rights and plan for their future. At Mandelbaum Barrett PC, our compassionate and experienced attorneys provide a wide variety of legal services intended to help your family navigate the legal system and maximize the rights and benefits available to individuals with special needs.
Our Special Needs Department offers a full range of legal services for individuals with special needs and their families, including:
- Special Education & Student Discipline
- Special Needs Trusts
- Estate Planning
- Guardianships
- Disability Benefits
- Elder Law
We protect the legal and civil rights of students with disabilities. Your special needs child is legally entitled to a free appropriate public education (FAPE) with individually tailored services and accommodations to meaningfully benefit from his or her educational program in the least restrictive environment (LRE). But what happens when your special needs child is not progressing in his or her program or needs more class support? What happens when the school district decides to take services away from your child? What happens when the school is not following your child’s Individualized Education Program (IEP)? What happens when your special needs child is disciplined for conduct related to his or her disability? The school district may make decisions that you do not agree with and you may not know what your legal rights are and what resources available to you and your child. If that’s the case, you need help from a special education attorney. Let us help. Contact us for a consultation.
Our services include:
- Reviewing educational records, including evaluations, IEPs, and Section 504 plans.
- Consultation and advice about identification and classification, procedural safe guards, program and placement options, compensatory education, extended school year, related services, and independent evaluations.
- Attending IEP meetings.
- Advocacy at mediations and due process hearings.
- Planning strategy, settlement negotiations, judicial enforcement of settlements and orders, and obtaining attorneys’ fees awards following due process hearings.
- Consultation regarding student discipline procedures pertaining to disabled students.
Special needs trusts are frequently created by a parent or another family member for a child with special needs even though the child may be an adult by the time the trust is created or funded. Our attorneys draft these trust documents so that the money being provided to the disabled child (the “beneficiary”) won’t be considered as belonging to the beneficiary when the government determines benefit eligibility. Through a special needs trust, a disabled beneficiary can receive gifts, lawsuit settlements and other funds without being denied eligibility for many income-dependent government programs. A properly designed and administered Special Needs Trust will serve to supplement public benefits such as SSI and Medicaid without jeopardizing eligibility. Such trusts can also be set up in a will as a way for someone to leave assets to a disabled relative. We will help you design a plan to protect such public benefits of your disabled child as well as allow you to protect them for their lifetime.
Our attorneys are happy to discuss the process for setting up a special needs trust for your child that benefits them now and in the future. Contact us if we can help you with this important estate planning tool.
Predicting the future is impossible, but planning the future of a loved one with a disability is a necessity. From guardianship, to special needs trust, to special needs estate planning – the law is complicated. At Mandelbaum Barrett PC, our attorneys can help you and your family plan for the future. Let us help you develop a life plan so you have peace of mind. We will take into account your family’s legal, financial, medical, social and family issues when developing a plan. Contact us today to set up a consultation. We are here to help you.
Now is the time to start planning for your loved ones with disabilities. The sooner you make a plan, the better off you and your loved one will be. When preparing a will, careful planning is essential to ensure that family members are protected, that assets are not needlessly depleted, and that tax exposure is minimized. Consideration must be given to ensuring eligibility, both now and in the future, for services and benefits.
Our services include:
- Providing your family with estate planning strategies taking into account your family’s particular legal, financial, medical, social and family issues.
- Working with you to develop a life plan so that primary caregivers will have peace of mind that your loved one with disabilities will be cared for properly when you’re no longer able to do so.
- Developing estate plans that protect your loved one’s access to government benefits and medical programs.
Mandelbaum Barrett PC represents clients seeking to establish a guardianship for an incapacitated parent or developmentally disabled adult. As your family member approaches his or her 18th birthday, you should consider taking action that will legally appoint you as his or her guardian. By doing this, you’ll be able to act on his or her behalf when making important decisions regarding education, medical treatment, and financial matters. Guardianship will help you look out for your family members’ best interests and protect him or her from harm. Our attorneys can advise you on how the guardianship application process work and what information you will need.
Government statistics show that you are much more likely to be awarded Social Security disability benefits when you have an attorney to help you. Mandelbaum Barrett PC assists clients seeking a wide range of disability benefits. Those who have not worked the requisite time period to qualify may still be eligible for supplemental security income (SSI), a benefit that may be available to disabled children as well as adults. Additionally, we assist clients with private disability insurance claims that are subject to strict scrutiny and evaluation by insurers and third party administrators.
Elder law is a specialized field of law that focuses on the needs of the elderly, the disabled, and their families. Using a holistic approach, our elder law attorneys address a wide range of issues that focus on the needs of the growing aging population. We appreciate the complex financial and social decisions clients face in navigating the maze of government benefit programs, long-term care options, and assisting loved ones with diminished capacity. As an added benefit to better serve our clients, the Chair of our Elder Law Department, Richard I. Miller, is a Certified Elder Law Attorney, Certified by the National Elder Law Foundation, an accredited organization of the American Bar Association.
“Mr. Clean” Comes Clean in a Candid Interview
December 20, 2024
Richard Miller, Esq., Chair of the Elder Law Practice Group at Mandelbaum Barrett PC, recently sat down with Joel Konya, host of Big State Sports, for an engaging and heartfelt interview. In this conversation, Richard shares what inspired him to pursue Elder Law and dives into some surprising (and fun!) facts about his life, including:✅ […]
Richard Miller and Dan Stone Contribute to PLAN NJ Fall 2024 Newsletter on Key SSI Policy Updates
November 12, 2024
Richard Miller, Esq., Chair of the Elder Law Practice Group, and Dan Stone, Esq., Associate at Mandelbaum Barrett PC, are honored to have contributed to the Planned Lifetime Assistance Network of New Jersey, Inc. Fall 2024 newsletter. In their article, “Recent Changes to the SSI In-Kind Support Rules,” they delve into important updates impacting SSI […]
Shawna Brown, Esq. Honored by New Jersey Judiciary for Outstanding Pro Bono Service
October 24, 2024
Congratulations to Shawna Brown, Esq., Counsel in the Elder Law Practice Group at Mandelbaum Barrett PC, who is being honored by the New Jersey Judiciary next week for her outstanding pro bono service! Shawna is one of just 13 attorneys receiving this recognition, and we are incredibly proud of her dedication to giving back to […]
Arla D. Cahill, Esq. honored with the 2023 Outstanding Faculty Award by the National Business Institute (NBI)
May 2, 2024
Congratulations to Arla D. Cahill, Esq., Chair of Education Law and Co-Chair of Special Needs at Mandelbaum Barrett PC, on being honored with the 2023 Outstanding Faculty Award by the National Business Institute (NBI, Inc.). Arla’s dedication and expertise have consistently shone through as she serves as a frequent presenter for NBI. This prestigious award recognizes her […]
Decision Alert: Arla Cahill & Richard Miller, Esqs. Secure Favorable Decision for Client in Special Needs Trust Case
March 14, 2024
Arla D. Cahill, Esq. and Richard I. Miller, Esq., Partners and Co-Chairs of the Special Needs Practice Group at Mandelbaum Barrett PC, recently won a favorable decision on behalf of the firm’s bank client, which filed a suit in 2021 to modify a special needs trust (SNT) agreement that appointed the bank as a professional […]
Richard Miller, Esq. spotlighted in Primerus Weekly
January 10, 2024
“When you’re talking about wills and estates and people who are sick and need guardians or are disabled, you’re seeing people at their most raw, who need the most help,” says Richard Miller, Esq. who heads up the Elder Law Department at Mandelbaum Barrett PC. “Sometimes you see the good, the bad, and the ugly.” […]
Arla Cahill, Esq. and Jaqueline Yarmo, Esq. to present webinar for Verona C.H.I.L.D. titled “Basic Rights in Special Education Law”
November 13, 2023
Mandelbaum Barrett PC Special Needs Co-Chair Arla D. Cahill, Esq. and Associate Jacqueline Yarmo, Esq. will be presenting a live webinar for Verona C.H.I.L.D. on Tuesday, November 14th (7 p.m.) titled Basic Rights in Special Education Law. Special education law covers a broad continuum of students. The Individuals with Disabilities Education Act (IDEA) requires that every public school […]
Arla Cahill and Brent Pohlman to present Disability Law Primer at the upcoming ACCSES Star Conference
September 18, 2023
Arla Cahill, Esq., Partner and Chair of Education Law and Co-Chair of Special Needs and Brent Pohlman, Esq., Partner in Labor and Employment at Mandelbaum Barrett PC will be presenting a “Disability Law Primer” at the upcoming ACCSES New Jersey Star Conference on October 4th from 1:45pm to 2:45pm. The Disability Law Primer will be […]
Richard Miller and Shawna Brown to speak on NJICLE panel discussing “Guardians Ad Litem- How They Work & How to Get Appointed”
August 23, 2023
On September 20th, 2023, Richard Miller, Esq., Chair of Elder Law and Co-Chair of Special Needs and Shawna Brown, Esq., Counsel in the Elder Law and Special Needs Practice Groups at Mandelbaum Barrett PC will join a distinguished panel of Judges and practitioners for an NJICLE CLE webinar to share real world scenarios that give […]
Arla Cahill to present NBI live webinar titled “The ABCs of Education Law”
August 15, 2023
How does your knowledge of special education law stack up? What are the newest legal issues concerning technology and the classroom? Are you up to date on the latest Title IX developments? Join Mandelbaum Barrett PC Education Law Chair Arla D. Cahill, Esq. for the National Business Institute’s “The ABCs of Education Law.” Being held on […]
Richard Miller, Esq. to present on NJICLE live webinar titled “Guardianships in 2023: The Basics and Beyond”
June 9, 2023
Richard Miller, Esq., Chair of Elder Law and Co-Chair of Special Needs at Mandelbaum Barrett PC will be presenting at the New Jersey State Bar Association‘s Live CLE Webcast on June 30th titled “Guardianships in 2023: The Basics and Beyond.” This seminar will provide a brief overview of the basics of guardianships of the person […]
Arla Cahill, Esq. to present NBI live webinar titled “School Law: Back to Basics”
May 8, 2023
Arla D. Cahill, Esq., Chair of Education Law and Co-Chair of Special Needs at Mandelbaum Barrett will be presenting an National Business Institute (NBI, Inc.) live webinar on Friday, June 23rd. This program is designed for attorneys, but also geared to school administrators, teachers, principals, counselors, superintendents, board members, school psychologists, and paralegals. Topics covered […]
Mandelbaum Barrett PC Special Needs attorneys to present “Planning for Families with Special Needs Children”
April 26, 2023
Working with parents and caregivers of children with special needs daily, we understand the importance of considering your child’s future and we have created a seminar just for you. We want to help you understand the process to ensure that you have a plan in place so that your child will continue to receive the […]
Donald Dennison, Esq. interviewed by Nina Del Rio on 106.7 Lite FM radio show discussing “Medicaid Benefits and Eligibility at the End of the PHE”
April 5, 2023
During The Public Health Emergency (PHE) caused by the recent COVID-19 pandemic, the Division of Medical Assistance and Health Services (“DMAHS”) suspended routine redeterminations for most Medicaid beneficiaries. But now with the end of the PHE this month, many Medicaid beneficiaries are wondering how they will be impacted. Mandelbaum Barrett PC Elder Law attorney Donald “Donny” A. […]
Arla Cahill to present NBI online seminar titled “Special Education Law: The Ultimate Guide”
March 1, 2023
Arla D. Cahill, Esq., Chair of Education Law and Co-Chair of Special Needs at Mandelbaum Barrett PC will be presenting a live online seminar for National Business Institute (NBI, Inc.) on May 16th, 2023 titled “Special Education Law: The Ultimate Guide.” Special education legal issues can be confusing for school personnel and attorneys alike. This […]
Richard I. Miller to be a Guest Speaker for Proviser’s “Financial Planning for Families with Special Needs” Live Webinar
February 16, 2023
Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq. will be joining Vincent M. Blazewicz and Jill VanNostrand as a guest speaker for Proviser‘s “Financial Planning for Families with Special Needs” live webinar on February 23rd at 6pm. Topics covered will include ABLE accounts, beneficiary designations, life and disability insurance and estate planning.
The Elder Law Attorneys at Mandelbaum Barrett PC to Present a “Hot Topics in Elder Law” Speaker Series Starting in March
January 31, 2023
The Elder Law Attorneys at Mandelbaum Barrett PC is excited to announce our new “Hot Topics in Elder Law” Speaker Series starting March 8th at 6pm at our Roseland campus. The topic for March will be “Myths and Misconceptions in Estate and Medicaid Planning.” Please contact kdavey@mblawfirm.com or (973)243-7969 for more details and to register. […]
Richard I. Miller and Donald Dennison interviewed for ROI-NJ article titled “No small matter: Business owners can face unique planning challenges, elder law expert says”
January 12, 2023
Mandelbaum Barrett PC Elder Law Chair, Richard I. Miller, Esq. was recently interviewed for the January 11, 2023 issue of ROI-NJ discussing the challenges for small business owners in terms of long-term care planning. He also addressed the issues for business owners and their spouses to qualify for Medicaid which is often needed to pay […]
Richard I. Miller to be part of panel at NJSBA Fall Conference on November 21st, 2022
November 21, 2022
Mandelbaum Barrett PC Elder Law Chair, Richard Miller, Esq. will be part of a panel of industry thought leaders presenting at the New Jersey State Bar Association Fall Conference this afternoon from 3:50 to 4:30pm. The online CLE is titled “In re Britney Spears: Guardianship Lessons from this Famous Case.”
Arla Cahill, Esq. and Brent Pohlman, Esq. to present at the ACCSES NJ STAR Conference
September 12, 2022
Mandelbaum Barrett PC Special Needs Partner Arla D. Cahill, Esq. and Employment Law Partner Brent Pohlman, Esq. will be presenting at the upcoming ACCSES New Jersey Star Conference on September 21st, 2022. They will be giving a “Disability Law Primer” as an introduction to relevant state and federal laws pertinent to service providers of individuals with disabilities, including the […]
Richard Miller, Esq. and Shawna Kirchner Brown, Esq. will join a panel of distinguished judges and legal professionals for a NJICLE seminar
August 30, 2022
Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq. and Associate Shawna Kirchner Brown, Esq. will join a panel of distinguished judges and legal professionals for a New Jersey Institute for Continuing Legal Education on September 29th at the New Jersey Law Center in New Brunswick. “Guardians Ad Litem – How They Work and How to Get Appointed” will take a […]
Congratulations to Donald “Donny” A. Dennison, Esq., who has been elected to serve on the Executive Committee for the New Jersey State Bar Association, Elder and Disability Law Section for 2022-2023.
June 24, 2022
Donny will be serving as the Legislative Chair and his responsibilities will include presenting new state and federal legislation to the Section for review, facilitating discussions within the Section about the applicable pieces of legislation, and presenting the Section’s position to the State Bar Association if the Section decides as a whole to support / […]
Arla Cahill Featured In Special Education Webinar Presented By Family Partners of Morris and Sussex Counties
June 23, 2020
Arla Cahill Interviewed on Jersey Matters to Talk about Legal Remedies for School Bullying
November 25, 2019
Parents have legal remedies against bullying in schools on behalf of their children. Hear what Mandelbaum Barrett PC's Education Law Chair Arla Cahill has to say about New Jersey's Anti-Bullying Bill of Rights Act on a recent episode of Jersey Matters with Larry Mendte.
Arla D. Cahill Appointed to the Executive Committee of Employment Horizons, Inc
June 3, 2019
Congratulations to Arla D. Cahill, Co-Chair of the Firm's Special Needs Practice, who was appointed to the Executive Committee of Employment Horizons, Inc. Employment Horizons was founded in Morristown in 1957 by a group of forward-thinking parents who wanted to expand work and personal growth opportunities for their children with disabilities. Over the years, Employment Horizons has implemented innovative programs to meet the needs and choices of those they serve, both on-site as well as in the community. They provide job training and placement services to people with disabilities and other barriers to employment in the greater Morris County, NJ area. Arla has been active in the organization for a number of years and we know she will continue to do great things.
Mandelbaum Barrett PC's March 2019 Special Needs Newsletter
March 21, 2019
Mandelbaum Barrett PC's March Special Needs Newsletter is now available. In this issue you can read about what a special needs trust can pay for and kiddie tax changes. If you have any questions, please do not hesitate to contact Practice Group Co-Chair's Richard Miller or Arla D. Cahill. Click here to read this month's issue.
Shawna Brown to Speak at Progressive Comprehensive Services, LLC on Special Needs Trusts Funds, Guardianship and More
March 14, 2019
Shawna Brown, an Associate at Mandelbaum Barrett PC will be speaking at a special interactive family event hosted by Progressive Comprehensive Services, LLC on the ABLE-ACT, Special Needs Trusts Funds and Guardianship. To learn more about this event or to register, click here.
Mandelbaum Barrett PC's February 2019 Special Needs Newsletter
February 20, 2019
Mandelbaum Barrett PC's February Special Needs Newsletter is now available. In this issue you can read about ABLE accounts, a difficult question parents of adult children with disabilities face, and more. If you have any questions, please don't hesitate to contact Practice Group Co-Chair's Richard Miller or Arla D. Cahill. Read more here.
November Special Needs Newsletter
November 7, 2018
Our November Special Needs newsletter is now available. This month you will learn about who can set up ABLE accounts, the rise of social security payments in 2019 and more. For any questions you have regarding these and other special needs issues, contact Co-Chair Richard Miller. Click here to read this month's issue.
Special Needs News — Winter 2017/2018 Issue
November 30, 2017
The Firm's Special Needs Practice Group has published its Winter 2017/2018 issue! Learn about Disabled Students' Rights under Anti-Bullying Laws, What is a Special Needs Trust, Considerations in Choosing a Special Needs Trust and more.
Spring 2017 Special Needs Newsletter
March 10, 2017
The Firm’s Special Needs Practice Group has issued its Spring 2017 Newsletter which highlights recent developments in the area of Special Needs Law such as recent Supreme Court decisions, a new child support termination law and its impact on the special needs child and adult,
Richard I. Miller Interviewed for U.S. News & World Report Article
February 15, 2017
Richard I. Miller, Co-Chair of the Firm’s Special Needs Practice and Member of the Elder Law Practice, was interviewed for a U.S. News & World Report article on tax tips for people with disabilities and their caregivers. The article ran on February 15, 2017. To read the
Richard I. Miller Authored Article For CPNJ Winter 2017 Newsletter
January 12, 2017
Richard I. Miller, Co-Chair of the Firm’s Special Needs Practice, authored an article for the Winter 2017 issue of "Independent" a newsletter of Cerebral Palsy of North Jersey (CPNJ). The article, entitled "Recent Developments in Planning for Individuals with Special Needs" can be found on
Planning for the Future: Marital Separation Agreements and Special Needs Care
December 16, 2024
In their latest vlog, Donny Dennison, Esq., Elder Law Associate, and Xena Balcazar, Esq., Family Law Associate at Mandelbaum Barrett PC, explore critical topics for families navigating marital separation and divorce while planning for a child with special needs. Topics include: ✅ Guardianships and planning for adulthood ✅ Preserving government benefits ✅ Establishing Special Needs […]
Elder Law and Special Needs Newsletter: December 2024 Issue
December 13, 2024
The December Elder Law & Special Needs Newsletter is here! This month, we’re covering essential topics like:✨ Loneliness and its impact on senior health, especially during the holidays📚 The differences between Section 504 and IDEA💼 Lessons on Executor responsibility from Little Richard’s estate Plus, check out the latest firm updates and see what our attorneys […]
Straightforward Special Ed: Understanding 504 vs IDEA – Key Differences in Education Law
November 7, 2024
In this episode of Straightforward Special Ed, Arla D. Cahill, Esq., Chair of Education Law at Mandelbaum Barrett PC, breaks down one of the most frequently asked questions by parents: What’s the difference between Section 504 and IDEA (the Individuals with Disabilities Education Act)? Arla explains how these two critical laws affect special education services, […]
Elder Law and Special Needs Newsletter: November 2024 Issue
November 5, 2024
The November Elder Law & Special Needs Newsletter is Here! Check out our latest edition! In this issue, our attorneys cover essential topics like Medicare Open Enrollment, which is happening now, and discuss new rules for senior drivers. Plus, get the scoop on the latest firm news and see what our attorneys have been up […]
Top Back-to-School Tips Every Parent Needs to Know
September 10, 2024
In her Back-to-School Vlog, Arla Cahill, Esq., Chair of Education Law and Co-Chair of Special Needs at Mandelbaum Barrett PC, shares essential tips for parents as the new school year kicks off! ✅ Review emergency contact and medical information with the school. ✅ For students with IEPs, talk to teachers and case managers to ensure […]
Elder Law and Special Needs Newsletter: July 2024 Issue
July 18, 2024
Check out our July Elder Law and Special Needs newsletter! 📜 In this issue, our attorneys dive into key topics like the Caregiver Child Exception and New Jersey’s Law for Vehicle Transfer on Death. Don’t miss the International Society of Primerus Law Firms™ Attorney Spotlight on Donald “Donny” A. Dennison, Esq., where he shares his […]
Primerus Attorney Spotlight: Donald Dennison, Esq.
July 9, 2024
“The last thing I wanted to do when I was in high school and even most of college was get dressed up every day and sit behind a desk, which is exactly what I’m doing,” Donny jokes before revealing that his first ambition was to be a farmer. Donald “Donny” A. Dennison, Esq., Elder Law […]
Elder Law and Special Needs Newsletter: May 2024 Issue
May 30, 2024
Check out our May Elder Law and Special Needs newsletter! In this issue, our attorneys explore important hot topics including navigating probate litigation in New York as well as possible changes to the Medicaid Payback Rules. We also give updates on the latest happenings around our firm. Stay in the know and empowered with the […]
Possible Changes to Medicaid Payback Rules: What’s Ahead?
May 20, 2024
Recent coverage from reputable news sources such as The New York Times and Associated Press has brought renewed attention to the detrimental effects of Medicaid estate recovery on families. Understanding Medicaid: Medicaid is a public assistance program aimed at providing health insurance coverage for Americans with limited means. To qualify, individuals must meet strict income […]
SSI Alert: Free Food No Longer Counted as Income
May 6, 2024
What is SSI? SSI is a government program that provides monthly payments to adults and children who have income and resources below specific financial limits and who meet one of the following criteria: Resource and Income Limitations Recipients must have limited income and limited resources. If one qualifies, they can receive benefits up to $943 […]
Elder Law and Special Needs Newsletter: April 2024 Issue
April 15, 2024
Check out our April Elder Law and Special Needs newsletter! Our legal team explores important topics including beneficiary designations and the recent updates to the Medicaid divisor, which came into effect this month. We also give updates on the latest happenings around our firm. Stay in the know and empowered with the freshest insights from […]
Elder Law and Special Needs Newsletter: February 2024 Issue
February 16, 2024
Our February Elder Law and Special Needs newsletter is now available! In this issue, our attorneys delve into timely topics such as recent legislative developments in New Jersey. Specifically, we explore new laws designed to support drivers with Autism, as well as initiatives establishing “Presumptive Eligibility” under Medicaid’s Home and Community-Based Services Waiver Program. Stay […]
Securing Food Stamps as a Person With Disabilities
January 24, 2024
For many people with disabilities, the Supplemental Nutrition Assistance Program (SNAP) – aka food stamps – is an invaluable lifeline. Nearly 14 million people with disabilities receive vital nutrition assistance through SNAP, according to the Center on Budget and Policy Priorities. What Benefits Does SNAP Provide to Disabled Individuals? SNAP provides important nutritional support for many people, […]
New Law Creates “Presumptive Eligibility” Under Medicaid’s Home and Community Based Services Waiver Program
January 22, 2024
New Jersey Family Care Overview All Medicaid programs offered in New Jersey fall under the umbrella “NJ Family Care”. NJ Family Care consists of several different Medicaid programs, catering to both institutional services (nursing home and other long-term care facilities) and home and community-based services. Each Medicaid program has its own eligibility criteria, each of […]
Driving Inclusively: The New Law Benefiting Autistic Drivers in New Jersey
January 15, 2024
In 2024, autistic motorists in New Jersey, as well as their parents/Guardians, will be able to request that their autism diagnoses be notated on their driver’s license. This notation will appear as a code in the “restrictions” column of the driver’s license. This new law, originally passed in May of 2023, is intended to alert […]
2024 Standard Protections for Spouses of Medicaid Applicants
January 12, 2024
Each fall, the Centers for Medicare & Medicaid Services (CMS) renews the federal guidelines that seek to protect individuals whose spouses are applying for or receiving Medicaid long-term care benefits. These protections, known as the Spousal Impoverishment Standards, help to support the financial well-being of seniors who continue residing at home while their spouse on Medicaid […]
A New Year’s Upgrade to Prescription Benefits for the Elderly and Disabled
January 8, 2024
New Jersey has several programs to assist seniors with the costs of their prescription medications. For instance, the Pharmaceutical Assistance to the Aged and Disabled (PAAD) Program, created in 1975, provides prescription medications for low-income elderly and disabled persons at reduced cost. Senior Gold, created in 2001, offers prescription benefits to seniors whose earnings exceed […]
Elder Law and Special Needs Newsletter: January 2024 Issue
January 3, 2024
ICYMI: The January issue of our Elder Law and Special Needs newsletter is hot off the press today! In this issue, our attorneys cover industry hot topics including Richard Miller’s recent article in Insurance NewsNet discussing beneficiary designations. Read the full newsletter here.
SSI and SSDI Recipients to Receive Boost in 2024 Payouts
December 28, 2023
The announcement about the cost-of-living adjustment (COLA) for 2024 is now out, and it’s good news for disability benefits recipients. Those who rely on Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) will soon see a 3.2 percent increase in their monthly payments. What Is SSI? SSI stands for Supplemental Security Income; it is […]
What Does Incapacitated Mean in Elder Law & Estate Planning?
December 28, 2023
When working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition Someone who is incapacitated cannot make personal decisions or understand legal documents. An incapacitated person requires a surrogate decision-maker, such as an agent under a health care power […]
Intellectual and Developmental Disability: What is an IDD?
December 11, 2023
Intellectual or developmental disability, known as IDD, affects approximately 7.39 million people in the United States, according to a 2019 estimate by the University of Minnesota. Typically present at birth or onsetting in childhood, IDDs adversely impact a person’s physical, neurological, or emotional development. Two categories of disabilities comprise IDDs: intellectual disabilities and developmental disabilities. According to […]
Elder Law and Special Needs Newsletter: November 2023 Issue
November 28, 2023
ICYMI: The November issue of our Elder Law and Special Needs newsletter is hot off the press today! In this issue, our attorneys cover industry hot topics including the upcoming Medicare Open Enrollment deadline, the story behind Michael Oher conservatorship and ways to save time by using the Social Security website. Read the full newsletter […]
Emotional Support Animals for Children With Disabilities
November 21, 2023
Emotional support animals (ESAs) are pets prescribed by a licensed mental health professional for those with disabling mental illness. While emotional support animals are commonly cats and dogs, any animal can serve in this capacity, such as a bird, rabbit, or reptile. Caring for the animal benefits a patient’s mental health. All participants in a […]
The Michael Oher Conservatorship
October 24, 2023
In his latest vlog, Mandelbaum Barrett PC Elder Law and Special Needs Attorney, Donny Dennison, Esq. breaks down the current status of the conservatorship of Michael Oher and how it got to this point.
11 Things You Can Do Online Via the Social Security Website
October 17, 2023
The Social Security Administration (SSA) website hosts a wealth of online tools that offer you convenient access to benefits information. To make the most of these tools, simply create a my Social Security account online. It is free to set up a mySSA account. More than 65 million people are currently collecting Social Security benefits. Whether or […]
Loans and Grants for Wheelchair Vans and Vehicle Adaptations
October 6, 2023
Maintaining independence is fundamental for people living with disabilities. Having mobility options allows people with certain disabilities to go to doctor’s appointments, grocery shop, visits friends, and keep a sense of autonomy. Purchasing a vehicle can be expensive. However, grants and other resources can help meet diverse needs, including for those who need an accessible […]
Elder Law and Special Needs Newsletter – October 2023 Issue
October 3, 2023
Don’t miss the October issue of our Elder Law and Special Needs newsletter. This month’s features include new vlogs and articles discussing industry hot topics. Elder Law Chair, Richard Miller, Esq. even has a Netflix show recommendation included in this issue! Read the full newsletter here.
Elder Law and Special Needs Newsletter: August 2023 Issue
August 29, 2023
Don’t miss the August issue of our Elder Law and Special Needs newsletter. This month, our attorneys have rolled out their new vlogs to discuss industry hot topics, along with a corresponding article. We have also started a new “Meet our Team” spotlight and this month’s feature is our practice group coordinator, Mariah Hernandez. Read […]
What Is a Group Home?
August 21, 2023
A group home is a living accommodation option for people with disabilities. Living in a group home may be a good option for those individuals who do not need advanced medical care but cannot safely live alone. The care in a group home setting allows residents to receive extra support in a community setting without […]
Responsibilities of a Special Needs Trust Trustee
July 31, 2023
For individuals with disabilities, an inheritance or settlement can jeopardize a their government benefits, such as Medicaid and Supplemental Security Income (SSI). A special needs trust (SNT) can help the individual remain eligible for these benefits while ensuring they have additional financial support. What Is a Special Needs Trust? A special needs trust (SNT) is a type of trust […]
Elder Law and Special Needs Newsletter: July 2023 Issue
July 14, 2023
The Elder Law and Special Needs Practice Groups at Mandelbaum Barrett PC are pleased to bring you their July newsletter. In this issue, our attorneys cover the Aretha Franklin estate trial and verdict, estate planning Q&A, as well as consequences of not using a Medicare Set-Aside account and the latest happenings in our department. Read […]
Consequences of Not Using a Medicare Set-Aside Account
July 5, 2023
Those who obtain a workers’ compensation settlement for future medical expenses must create a Medicare Set-Aside (MSA) Account to preserve their eligibility for Medicare. This separate, interest-bearing account pays for medical costs related to the worker’s injury. After the funds are exhausted, Medicare provides coverage for medical fees related to the injury. Why You Should Create an […]
What Is a Pooled Trust, and How Can It Protect My Benefits?
June 23, 2023
In certain situations, beneficiaries of programs like Supplemental Security Income (SSI) and Medicaid may be at risk of losing their benefits. For example, if they come into an inheritance or receive money in their own names from an accident settlement, their income may exceed the thresholds set by these government programs. SSI and/or Medicaid recipients in […]
Charities May Now Be Named As SNT Remainder Beneficiaries
June 13, 2023
Many parents and families planning for the care of their loved one with special needs will consider setting up a special needs trust. (Special needs trusts are also often referred to as supplemental needs trusts and SNTs). These trusts allow assets to be left to a disabled or chronically ill person without disqualifying them for certain benefits, […]
Elder Law and Special Needs Newsletter – June 2023 Issue
June 9, 2023
Our Elder Law and Special Needs attorneys are pleased to present their June newsletter. Check it out for articles on Hot Topics including why you don’t want to wait until you’re sick to create an estate plan. It also highlights our team’s recent and upcoming events and presentations. Read the full newsletter here.
Legal Guardianship of an Adult: Rights and Responsibilities
May 12, 2023
Once a person becomes a guardian, they should be aware of their responsibilities. Since the ward loses significant rights, guardians must promote their autonomy to the fullest possible extent. Guardians must make decisions, such as moving the ward across states, in the ward’s best interests. Legal Guardianship for Adults With Disabilities There are several types of […]
Finding the Right Fit: What Parents of Intellectually and Developmentally Disabled Students Should Know When Researching Post-Secondary School Learning Environments
May 3, 2023
For many students who are classified in the public school as having an educational disability under the Individuals with Disabilities Education Act, the difference between the educational supports provided in high school and the college or other post-secondary learning environment can be significant. A major difference is that, in high school, a classified student has […]
Recent Landmark Decision by the U.S. Supreme Court Opens Doors for Special Education Students’ ADA and Section 504 Discrimination Claims for Compensatory Damages Without Prior Administrative Exhaustion Requirement
April 25, 2023
On March 21, 2023, the U.S. Supreme Court ruled unanimously in Perez v. Sturgis Public Schools that a special education student and his parents could pursue their claims for money damages under the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) against a public school district without first having to exhaust their administrative remedies under the Individuals With Disabilities Education Act (IDEA).
Should My Loved One With Special Needs Use a True Link Card?
April 19, 2023
An important part of special needs planning is protecting your loved one from financial abuse. A True Link card is a tool you may not have considered before, but it could save your family member from exploitation and predatory banking practices. Although True Link offers many benefits to its customers, there are a few downsides […]
How Trustees of Special Needs Trusts Are Compensated
April 4, 2023
Serving as a trustee of a Special Needs Trust (SNT) can be a time-consuming and complicated job, which is why trustees are almost always entitled to compensation for their services. Payment of trustees usually takes one of two forms: either a flat fee based on a percentage of the trust’s assets, or an hourly rate. […]
How to Become a Legal Guardian in New Jersey
March 20, 2023
Becoming a legal guardian in New Jersey can be a complex and time-consuming process, but it can also be a rewarding experience for those dedicated to providing care and support to individuals who are unable to make decisions for themselves. When Guardianship Becomes Necessary In New Jersey, guardianship may become necessary when an individual cannot […]
When Does a Person Lack Capacity in a Guardianship?
March 10, 2023
The guardianship of an adult, in which a judge appoints an individual to make choices for a person over 18, is appropriate when the adult lacks capacity. Capacity is a general legal term that refers to a person’s cognitive ability. For instance, when people lack capacity to make a will, they cannot execute a valid […]
Mandelbaum Barrett PC Elder Law and Special Needs Newsletter: February 2023 Issue
February 27, 2023
The Elder Law and Special Needs Departments at Mandelbaum Barrett PC are pleased to bring you our February newsletter in its new and improved format. Check out the Hot Topics and industry events our team has been busy with. As always, we would love to hear your feedback! Read the full newsletter here.
Sole Benefit Trust: Qualify for Medicaid and Aid a Loved One
February 16, 2023
A sole benefit trust is a helpful estate planning tool if your family has cross-generational support needs. If a senior with more than $2,000 in assets wants to apply for Medicaid – but also wants to provide for a disabled relative – a sole benefit trust may be a good choice. What Is a […]
Three Changes You Must Report as an SSI Recipient
January 16, 2023
Supplemental Security Income (SSI) is a monthly payment issued to disabled children and adults who have income and resources that are under an amount set by the Social Security Administration (SSA). There are many important factors that determine your eligibility for SSI. SSI recipients are responsible for reporting changes to the SSA when they happen. […]
Social Security Disability Benefits to Rise for 2023
January 11, 2023
The Social Security Administration has announced that its beneficiaries will see a significant increase – totaling nearly 9 percent – in their monthly Social Security checks come January 2023. This cost-of-living adjustment (COLA) is the largest boost to Social Security benefits in more than 40 years. The increase for 2022 was 5.9 percent. Supplemental Security Income (SSI), […]
Section 8 Housing Choice Voucher Program Enrollment
January 6, 2023
The New Jersey Department of Community Affairs (DCA) will soon begin accepting pre-applications for the Section 8 Housing Choice Voucher (HCV) Program. The enrollment period will run from Tuesday, January 17th, 2023 at 9am until Friday, February 3rd, 2023 at 5pm. This is a federally funded program to provide housing subsidies to New Jersey residents in order […]
Elder Law and Special Needs Newsletter: January 2023 Issue
January 5, 2023
In the January issue of our Elder Law and Special Needs Newsletter, our attorneys share some of their recent articles on industry hot topics, such as “5 Reasons for Seniors to Celebrate in 2023.” We also highlight recent and upcoming events including our Elder Law Team (Richard Miller, Esq., Jason Marx, Esq., Shawna Kirchner Brown, Esq., Donald “Donny” […]
Qualifying for Disability Benefits Through Parent Work Record
January 4, 2023
Social Security Disability Insurance (SSDI) is a federal program primarily designed to aid people who have become disabled after having worked for a certain amount of time. Although the typical SSDI recipient has worked for a fairly long time before the onset of their disability, an adult who became disabled before turning 22 can also qualify […]
What Is the Qualified Disabled and Working Individuals Program?
December 28, 2022
Medicare Savings Programs help people with disabilities obtain assistance from their state in covering their Medicare costs. The Qualified Disabled and Working Individuals Program (QDWI) is one such Medicare Savings Program. It helps disabled, low-income individuals who want to return to work continue to receive Medicare Part A benefits. Who Is Eligible? You may be […]
Supported Decision-Making as an Alternative to Guardianship
December 16, 2022
For some people with disabilities, a guardianship or conservatorship would be overly restrictive. Supported decision-making can be an alternative to unnecessary guardianships. It allows disabled people to get assistance with decisions while retaining autonomy. In supported decision-making, trusted persons can advise an individual with a disability, while the individual ultimately retains the final decision-making power […]
A Warning for Medicaid Beneficiaries Traveling Out of State
November 16, 2022
Access to affordable health care through the Medicaid program is one of the great benefits afforded to most recipients of Supplemental Security Income (SSI). In many states, full Medicaid coverage is often equal to, or even better than, many private health insurance plans, allowing SSI beneficiaries and other Medicaid recipients to effectively manage their illness […]
Accessory Dwelling Units Promote Independence Near Family
October 31, 2022
Many families of individuals with special needs want to foster their loved ones’ independence. Some may find that their loved one is happiest with a personal living space, as independent living offers greater autonomy. However, several barriers prevent many adults with special needs from living on their own. By building an Accessory Dwelling Unit, a […]
Before You Say ‘I Do’: 5 Questions to Ask Your Special Needs Attorney
October 11, 2022
If you are considering saying “I do” and currently receive Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), Medicaid, or any other disability-related benefits, getting married could impact your benefits. Unfortunately, under current Social Security, Medicaid, and Medicare rules, getting married is not always financially or medically practical for their recipients. Before you walk […]
Is a Qualified Disability Trust Right For Your Estate Plan?
September 30, 2022
Many individuals engaging in estate planning opt to create a third-party special needs trust to provide for their loved one living with a disability. However, did you know that these trusts may have to pay taxes on any income generated from the trust assets and retained by the trust for future use? If the trust is […]
Most Who Apply for Social Security Disability Insurance Are Rejected; What Can You Do to Improve Your Chances?
September 26, 2022
Living with a disability is tough enough, but so is obtaining income support through Social Security Disability Insurance (SSDI) — especially without help from professionals who know how the system works. About 25 percent of people who are 20 years old today will experience a disability at some point in their lives, notes a recent article in Kiplinger. Meanwhile, the […]
Mainstream Vouchers Can Help People With Disabilities, and Their Families, Afford a Place to Live
September 13, 2022
Mainstream vouchers provide federally funded housing assistance to persons aged 18 to 61 with a disability, who are homeless, are living in an institution, or are at risk of homelessness or institutionalization. Mainstream vouchers are unique in that they can help any household that includes a qualifying person lease affordable private housing of their choice. How […]
Should You Consider A Guardianship or Conservatorship for Your Loved One With Special Needs?
August 22, 2022
Many relatives or caretakers of loved ones living with a disability may at some point need to be able to exert more control over their family member’s personal affairs. For parents of children who have a disability, for instance, that time is often when the child is turning 18. However, you may face roadblocks if […]
The Powers and Responsibilities of Representative Payees
August 18, 2022
Do you have a friend or loved one who receives Social Security and is unable to manage her payments? If so, you can request that the Social Security Administration (SSA), the government agency that disburses Social Security, name you as the representative payee for that person. Being a representative payee gives you the power and […]
Housing Considerations When Your Child With Special Needs Becomes an Adult
August 8, 2022
Affordable, safe housing is one of the most crucial aspects of a person’s life, especially if that person has a disability. Parents and guardians must plan for this as early as possible to make sure their loved one has a secure and appropriate living situation long after they either become unable to provide care or […]
Through PASS, People With Disabilities Can Pursue Work Goals Without Losing SSI Benefits
July 12, 2022
To qualify for Supplemental Security Income (SSI), a federal program that provides people with disabilities a monthly stipend, individuals must conform to very strict income and asset limits. Often, SSI beneficiaries who could hold a job opt not to because they worry about losing their benefits if they earn too much. While this is a valid concern, a […]
What Can ABLE Account Money Be Spent On?
June 17, 2022
ABLE (Achieving a Better Life Experience) accounts offer people with disabilities a great, tax-free way to accumulate money without jeopardizing their qualifications for Supplemental Security Income (SSI) and other means-tested programs. Withdrawals are tax-free as long as the money is used for “qualified disability expenses.” The arguments for starting and maintaining such funds are overwhelming, not […]
Support Your Child With Disabilities — and Still Qualify for Medicaid
June 17, 2022
If you have a child with a disability, providing for them into the future will likely stand among your top priorities. However, if you also wish to apply for Medicaid to cover your own long-term care expenses, first consider establishing a special needs trust (SNT) for your child. This will allow you to transfer assets […]
Assistance Is Available for Veterans’ Children with Disabilities
June 17, 2022
Children with disabilities whose parents are veterans, living or deceased, may be entitled to government support. Veterans and their children might not be aware of the fact, but financial assistance is available through the U.S. Department of Veterans Affairs and the Social Security Administration, whether for health care costs, vocational training, or in the form of survivor […]
SSA Reopens Its Offices While Making It Easier to Apply for SSI Online
May 6, 2022
The Social Security Administration (SSA) has reopened its more than 1,200 field offices to the public for the first time in two years, and the agency also launched an online tool for first-time Supplemental Security Income (SSI) applicants.
SSA closed its offices at the onset of the Covid-19 pandemic in March 2020, forcing the 43 million people who visit them each year to transact business via telephone, fax, and the mail. Many clients reported difficulties getting through to the agency, raising fears that services were being denied to the most vulnerable.
But the offices were back open April 7, albeit with restrictions: Masks and social distancing are still required. To avoid overcrowding, the agency is still urging people to make appointments — though these are not mandated — and to avoid coming in person altogether if they can accomplish what they need to online or by phone. Alternatively, officials are advising people to postpone in-person visits to avoid long lines that are expected during the first weeks of reopening.
When Is It OK for an SNT Trustee to Be Compensated?
April 13, 2022
Question: Should a special needs trust (SNT) trustee be paid, and, if so, how much?
Answer: It depends. The demands on a trustee can vary widely, depending on the size and complexity of the trust. Some family members serving in this role might simply oversee distributions and not need to charge anything at all for their time. But often the duties of a trustee can extend way beyond this scenario and warrant financial compensation — even for nonprofessional trustees who are family members. Such tasks can include making investment decisions about the trust's assets, arranging distributions to beneficiaries, paying taxes and other bills, and preparing an extensive annual report on the trust's income and outlays.
Advice on Vice: Do Alcohol, Tobacco and Pornography Count as Special Needs?
March 24, 2022
Vice might be nice, as the old saying goes, but can things like cigarettes, alcohol and pornography be paid for out of a special needs trust ("SNT")?
The answer is… it depends. Obviously, if such activities are specifically ruled out in a third-party trust, then no cigar. If, for example, the person who funded and established the trust (sometimes referred to as the Grantor or Settlor) stipulated in the trust's terms that it not be used to purchase alcohol or cigarettes, then it is the trustee's duty to enforce those prohibitions. In many ways, the trustee serves as a referee calling the shots with the regard to what can and cannot be purchased using trust assets. But many trusts do not address such activities, so what is a trustee to do when a beneficiary wants to light up, pour a drink, and settle down to a pornographic pay-per-view movie on the trust's dime?
The Earned Income Tax Credit ("EITC") Has Been Expanded, Now Covering More People with Disabilities
March 18, 2022
For the 2021 tax year, the IRS is expanding eligibility for the Earned Income Tax Credit ("EITC"), an important anti-poverty measure that assists those with low incomes either avoid paying taxes altogether, or in some cases, offering those individuals tax refunds that they would not have otherwise received. One key impact of these changes is that more people without children, many of whom are also people with disabilities will also qualify. Traditionally people with disabilities have left money on the table by assuming they would not qualify for the EITC.
Divorce and the Child With Special Needs: Be Aware of Child Support Payments
February 24, 2022
Depending on which statistics you believe, between 40 and 50 percent of first marriages will end in divorce or permanent separation, and second marriages fare even worse. While there is no such thing as a "typical" divorce, a divorcing couple that has a child with special needs faces an even more complicated series of decisions and choices than most. Family law attorneys, often well trained in the complicated and emotionally charged world of divorce settlement, may not have all of the answers for the divorcing parents of a child with special needs. In these cases, it is important to meet with a special needs planner to discuss options for your child. One important consideration is the impact child support payments will have on the child's eligibility for Supplemental Security Income (SSI).
California Is the First State to Move Toward Removing the Asset Limit for Medicaid Eligibility
February 7, 2022
In a groundbreaking move that could have repercussions in certain other states, California is the first state to phase out the requirement that people impoverish themselves before becoming eligible for Medicaid.
Medicaid helps pay medical costs for individuals with limited income, and it covers long-term care for the elderly and people with disabilities who qualify for coverage. To be eligible for this coverage, you must meet the program's strict income and asset guidelines which vary from state to state. Also, unlike Medicare, which is totally federal, Medicaid is a joint state-federal program. Each state operates its own Medicaid system, but this system must conform to federal guidelines in order for the state to receive federal money, which pays for about half the state's Medicaid costs. (The state picks up the rest of the tab.)
SSA Encourages Those on Disability to Work — Until It Doesn't
February 1, 2022
The federal government says it encourages people receiving federal disability payments to find jobs—but sometimes ends up discouraging them from working at all, a study has found.
Recipients of Supplemental Security Income Now Have 50 Extra Days to Appeal Benefits Cuts
January 18, 2022
People facing a reduction, suspension, or other change to their Supplemental Security Income (SSI) now have more time to file an appeal, in a concession by the Social Security Administration (SSA) to delays and difficulties wrought by the COVID-19 crisis.
In 2022, Social Security Disability Recipients Will See the Biggest Increase in Four Decades
November 8, 2021
The year was 1983: The U.S. invaded Granada. A gallon of gas cost 96 cents. Michael Jackson's "Thriller" video premiered. That year was also the last time that recipients of Social Security disability benefits saw a cost-of-living increase steeper than the one just announced for 2022. This year, benefits will rise 5.9 percent, the sharpest upsurge since 1983's 7.4 percent jump.
"New and Improved" Tax Deductions for Parents of Children with Special Needs
November 3, 2021
Unique tax benefits are available to families who have children with special needs. And thanks to recent changes in the tax code, there are opportunities to save substantial amounts of money at tax time. Thomas M. Brinker, Jr., a professor of accounting at Arcadia University in Pennsylvania, has put together a handy checklist of some potential tax benefits that could be available to families who care for a special needs child.
Supreme Court to Hear Case That Could Increase the Bite That Medicaid Takes Out of Settlements
October 11, 2021
The U.S. Supreme Court has agreed to hear a case disputing how much states can recoup from Medicaid recipients' settlements in personal injury cases. The decision has the potential to affect anyone who receives government assistance with their medical care following a disabling injury that results in a lawsuit.
The Perils and Pitfalls of Do-It-Yourself Special Needs Planning
October 7, 2021
Among the costs of caring for a dependent with special needs are the fees for professional advice. Some families are tempted to save on these costs by setting up a plan on their own.
Pandemic Payments Now Won't Affect SSI Benefits or Eligibility at All
September 22, 2021
Pandemic-related financial assistance will no longer affect an individual's eligibility for Supplemental Security Income (SSI) or the benefit amount, the Social Security Administration (SSA) has announced. The assistance includes a long list of pandemic payments, ranging from COVID-19 relief checks to state unemployment assistance.
Leaving an IRA to a Special Needs Trust Is No Longer Such a Bad Idea
September 16, 2021
The SECURE Act, passed at the end of 2019, changed a number of rules regarding inherited IRAs, making it more difficult for most beneficiaries to save on taxes by "stretching" distributions over many years. However, an exception to the new rules potentially changes advice that special needs planners often give clients.
Never Say Never: Navigating the Appeals Process if You've Been Denied Social Security Disability Benefits
September 7, 2021
The United States has two federal government benefits programs to help people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Fact or Fiction: I Know This Much Is True
May 3, 2021
HBO's I Know This Much Is True chronicles the lives of identical twins Dominick and Thomas Birdsey, both played by Mark Ruffalo.
Fact or Fiction: Reviewing 2021 Golden Globe Nominated Films about Elder Law and Special Needs Issues
March 12, 2021
March 12, 2021 By Richard I. Miller This year’s Golden Globe nominees included four films that directly relate to the issues handled by our elder law and special needs attorneys. In the coming weeks we will discuss each film, and analyze whether the facts, storylines and legal issues they present are realistic, or pure fiction. […]
What Can a Special Needs Trust Pay For?
February 16, 2021
February 16, 2021 By Richard I. Miller A special needs trust is designed to provide a person with a disability the funds to enhance her quality of life while at the same time allowing her to remain eligible for needs-based public benefits. Government programs like Medicaid and Supplemental Security Income (SSI) provide essentials, such as […]
What's in a Name: Why the Title on Your Financial Accounts Matter
February 10, 2021
A name often defines who we are and sometimes, even, who we become. The same is true for the name on your financial accounts. One of the biggest myths and misconceptions of estate planning is that a Will controls the disposition of all assets at death. This is not the case and could lead to […]
A Primer On New Jersey's Court Rules for Guardianships
February 9, 2021
In New Jersey, a child is considered an emancipated person at age 18, irrespective of the severity of disability. As a result, parents of special needs children no longer have the legal right to make medical, legal, financial or personal decisions for children over age 18 even if the child is unable to do so him or herself. Parents often must be appointed guardian for their disabled child to acquire the legal authority to oversee and assist with the child's affairs.
Special Needs Trusts: One Size Does Not Fit All
November 2, 2020
By Richard I. Miller November 2020 Special Needs Trusts enable funds to be set aside for individuals with a disability without disqualifying a beneficiary from government benefits such as SSI and Medicaid. To qualify for SSI and Medicaid, an individual’s resources cannot exceed $2,000. A properly designed Special Needs Trust will supplement public benefits without […]
Finding the Right Fit: What Parents of Special Needs Students Should Know When Applying for College
October 6, 2019
For many students who are classified in the public school as having an educational disability under the Individuals with Disabilities Education Act, the difference between the educational supports provided in high school and college or other post-secondary learning environments can be significant. A major difference is that, in high school, a classified student has a […]
What Legal Protections Do Children Have Against Bullying in School?
September 16, 2019
Many parents naturally assume that their child is safely in the care and supervision of their school’s teachers and administrators. While schools may try their best to protect students from various physical safety issues that could occur on school premises, it is more difficult for school personnel to protect students from bullying. Bullying not only […]
Back to School Alert: Students' Rights Under NJ's Anti-Bullying Law
August 29, 2019
Arla D. Cahill has authored a special Back to School Alert discussing student's rights under NJ's Anti-Bullying Law. Click here to read more.
Decision Making in Divorce Cases Involving Children With Special Needs
February 12, 2018
February 12, 2018 By Lynne Strober Making decisions with regard to educational and medical issues involving a special needs child can be challenging for parents under ordinary circumstances, but is further complicated when parents who are divorced or in the midst of a divorce action are unable to agree on such important issues. Most judgments […]
Five Considerations in Choosing a Special Needs Trustee
February 1, 2018
February 1, 2018 By Richard I. Miller Choosing the right person to serve as trustee of a special needs trust is one of the most important and difficult issues in creating the trust. A trustee typically manages the day-to-day operations of the trust, often making distributions to the trust’s beneficiary, investing the trust’s assets, and […]
Disabled Students' Rights under Anti-Bullying Laws
January 8, 2018
January 8, 2018 By Arla D. Cahill A 2009 study by the U.S. Departments of Justice and Education, “Indicators of School Crime and Safety,” reported that 32% of students aged 12 through 18 were bullied in the previous school year. The study reported that 25% of the responding public schools indicated that bullying was a […]
Court Decides What Level of Educational Benefit Schools Must Deliver to Educationally Disabled Students
April 6, 2017
April 6, 2017 By Arla D. Cahill and Brian M. Block On March 22, 2017, the U.S. Supreme Court issued its highly anticipated decision in Endrew F. v. Douglas County School District. The case posed the following question: what is the level of educational benefit that school districts must confer on children with disabilities to […]
Disabled Students Can File ADA and Section 504 Discrimination Claims Without Administrative Exhaustion Under the IDEA
April 4, 2017
April 4, 2017 By Arla D. Cahill and Brian M. Block On February 22, 2017, the U.S. Supreme Court ruled unanimously in favor of a disabled student, Elena, and her family in Fry v. Napoleon Community Schools, by reversing and remanding the case back to the appellate court. Fry upheld a disabled student’s right to […]
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.
Holiday Season Engagements: What You Need to Know About the Rules of Engagement Rings
December 20, 2024
The holiday season is a time for joy, celebration, and creating unforgettable memories. For many couples, it’s also the season of engagements. December consistently ranks as one of the most popular months for proposals, with romantic gestures under sparkling lights or heartfelt moments surrounded by family becoming timeless traditions.
However, while the magic of an engagement takes center stage, it’s also essential to consider the legal implications of this milestone—particularly when it comes to the engagement ring.
Co-Parenting Challenges in Youth Sports: Insights from Family Law Attorney Rebecca Frino
December 6, 2024
Rebecca Frino, a partner from our Matrimonial and Family Law Practice Group at Mandelbaum Barrett PC, appeared on Sponsor Spotlight for Big State Sports on November 20th, to discuss the challenges that divorced and co-parenting families face when raising young athletes. She emphasizes the importance of clear communication between parents before enrolling a child in a sport, such as aligning on the commitment required, considering logistics of transportation, scheduling, and costs. Frino highlights that divorced families often face additional hurdles and encourages parents to address these issues early to avoid future conflicts.
Managing Abandoned Tenant Personal Property: A Comprehensive Guide for Landlords
October 25, 2024
Partner and Chair Michael A. Saffer, Partner Ryan M. Buehler, and Associate Marlene M. Arabia were prominently featured in Issue 4 of the New Jersey Apartment Association’s Apartment Industry Magazine, representing the Landlord-Tenant practice group at Mandelbaum Barrett PC. The piece titled “What Can I Do With All the Personal Property My Tenant Left Behind?” […]
Enhance Your Cybersecurity: Join CIO Tom Brennan at the NYC 2024 Joint Cyber Security Conference
August 22, 2024
On September 26th, 2024, join Tom Brennan, Chief Information Officer of Mandelbaum Barrett PC, at the NYC 2024 Joint Cyber Security Conference. Held at the Microsoft Technology Center in Times Square, this conference offers an opportunity to discover the Center for Internet Security (CIS) Version 8 Controls. Tom will provide practical insights on implementing these […]
Unlock Your Business’s Future: Join Our Exit Strategies Seminar on September 18th
August 16, 2024
Great News for Business Owners! We’re excited to bring back our highly anticipated “Exit Strategies for Business Owners” seminar on September 18, 2024, at Il Tulipano in Cedar Grove, NJ! Come learn from industry experts and successful business owners who will be sharing their experiences and advice on selling a business. This seminar is a […]
Diverse Clients, Diverse Needs: IP Law Across Industries
August 14, 2024
Explore the dynamic world of intellectual property law with Todd M. Nosher and Lucian C. Chen, who leverage their deep scientific backgrounds to navigate diverse industries—from pharmaceuticals to toys. Their insights underscore the vital role of strategic IP management in driving innovation and protecting client interests across evolving markets.
Touchdown on IP: The Legal Playbook for Upcycling in Fashion
July 24, 2024
In the evolving world of fashion, upcycling has sparked a revolution, blending creativity with sustainability. However, as consumers flock to these unique products, complex IP challenges emerge. Lucian C. Chen and Karen Chen explore these legal intricacies, offering vital guidance on navigating licenses, consumer perceptions, and brand integrity in this burgeoning industry.
Exploitation of Power of Attorney: Agent Blocking Family Access to Nursing Home Resident
June 6, 2024
In their latest vlog, Mandelbaum Barrett PC Elder Law attorneys, Donald Dennison, Esq. and Dan Stone, Esq. discuss the implications of a Power of Attorney agent weaponizing the document to prevent well-meaning family members from visiting a nursing home resident.
What New Jersey Taxpayers Need to Know About Partnership Income Reporting
May 24, 2024
Staying informed about updates in tax regulations is vital for taxpayers to fulfill their obligations accurately. The recent update from the New Jersey Division of Taxation regarding the reporting of income from partnerships underscores the importance of staying abreast of state-specific requirements. By adhering to these guidelines and seeking professional assistance when needed, taxpayers can effectively navigate partnership income reporting in New Jersey and maintain compliance with state tax laws.
Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?
November 20, 2023
Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]
Going Green and Staying Out of Legal Trouble: The Art of Green Marketing
November 17, 2023
In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]
Client Alert: Corporate Transparency Act
November 16, 2023
On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]
Your Health, Your Choice: A Guide to Medicare Open Enrollment
November 7, 2023
The Medicare open enrollment period runs through December 7th, 2023. Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]
Three Major Differences Between Recourse and Non-Recourse Loans
November 1, 2023
Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]
Chris Zona: Becoming a Trial Attorney
October 30, 2023
Despite the absence of legal role models, Chris Zona’s ambition as a trial attorney persisted. Immersed in civil and commercial law from an early age, Chris remained resolute. As a Senior Special Prosecutor, he broadened his horizons, delving into civil and commercial law. Join Chris in this exclusive feature, tracing his trajectory from law school to his adept handling of diverse cases, from serious felonies to complex white-collar offenses and healthcare law.
Navigating Back-to-School Safety: Preventing the Most Common Injuries
August 13, 2023
As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.
Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal
June 26, 2023
Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]
Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices
June 22, 2023
Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]
Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended
March 23, 2023
As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]
Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care
July 6, 2022
Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]
Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements
July 5, 2022
Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]
The Tax Consequences of Selling a House After the Death of a Spouse
July 5, 2022
If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision. The biggest concern when selling property is capital gains taxes. A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]
WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?
July 5, 2022
AAML is a national organization with chapters in most states. There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey. Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]
Spring 2022 Vet Law Newsletter
March 24, 2022
Momentum: Our Year in Review
March 24, 2022
