The right of self defense is legally defined as an individual’s right to use reasonable force in order to defend themselves or someone else when their safety was threatened. In certain situations, this includes the use of deadly force.
While self defense is a valid legal defense, there are specific circumstances under which it can be used in court. The defendant must prove he or she was not the initial aggressor, did not use excessive force in response to an attack, and reasonably believed that using force was necessary as a last resort to prevent immediate danger. In addition, the self defense claim must make sense in relation to the rest of the evidence.
In New York, proportionality is a key factor in a justification defense. A person’s response to an attack must be proportional to the attack. The threat of attack must also be immediate.
In cases that involve deadly force, the defendant must prove that he or she faced an imminent risk of injury, death or rape from the attacker. Self defense cannot be used if the individual acted only because of a threat of future harm.
Many serious cases of alleged assault can result in acquittals due to a successful self-defense argument. However, there are risks associated with using a self-defense strategy. A good criminal defense attorney can examine the details of a case and determine which defense will obtain the best outcome.
The post Using self defense for violent crimes in New York first appeared on SEONewsWire.net.]]>WHAT HOMES ARE ELIGIBLE?
Fortunately, the LHTC can be used on new purchases as well as existing homes. New construction must meet Universal Visitability guidelines, but renovations need only to increase accessibility using certain eligible means.
WHAT TYPE OF IMPROVEMENTS ARE NEEDED?
The renovation must include several “Universal Visitability” features, such as: zero-step entrances, doors with a width of at least 32 inches, accessible switches, accessible bathrooms, accessible kitchens, among others. These requirements work nicely with the Universal Design concepts discussed in the previous article.
HOW DOES THE CREDIT WORK?
The credit is available for 50% of the cost of applicable features, up to $5,000, which means that $10,000 in costs for applicable renovations can yield a full credit. The simplicity of the design elements required to qualify for the credit (built-in appliances, width of halls and doorways, etc.) means that a little forethought in design may go a long way in saving funds.
After the work is completed, the credit is applied for using a simple form and submitted to the Virginia Department of Housing and Community Development in Richmond. They even allow for electronic submissions! A certificate of approval is provided with the amount of your credit by April 1, and can be relied upon for your tax return. If you do not have enough tax liability to fully use your credit, the balance can be carried forward for seven years.
CONCLUSION
If you are considering updating your home or specifically need to retrofit your home for accessibility, using the LHTC can be an excellent way to defray some of those costs. If you need help planning for disability, healthcare costs, or retirement generally, please contact our office to arrange a meeting with one of our Elder Law attorneys to review your needs and implement a plan. The author thanks Richard Harrison, Jr., CPA of Richard J. Harrison, Jr., P.C. for providing information related to the Virginia Livable Homes Tax Credit used in this article.
Ask Kit Kat – At Rest with Pets
Hook Law Center: Kit Kat, what can you tell us about the new New York State law which allows pets to be buried alongside their owner(s)?
Kit Kat: Yes, this is a wonderful option which was recently enacted for the state of New York. There are some stipulations—the pet must be cremated; religious cemeteries are exempt, and all cemeteries are not required to accept pet cremains. It is, however, a step in the right direction. The change has been in the works for about five years says David Fleming, director of government affairs for the New York State Association of Cemeteries. ‘Times have changed; people have a much different view of their pets in the family,’ he said. Currently, the law limits the option to domestic animals, but authorities have been quite flexible and have allowed reptiles and invertebrates. Mr. Fleming further comments, ‘I don’t think the average person is paying to have their tarantula cremated, but maybe they are.’
Heretofore, people who wanted to be buried with their pets had to do so in a pet cemetery. Some actually have chosen this option. At Hartsdale Pet Cemetery in Westchester County, a pet cemetery which originated in the 19th century, 5-7 people are buried each year, says Edward C. Martin, Jr., the cemetery’s director, along with their beloved pets. Mr. Martin is not worried about the impact of the new law. Hartsdale Pet Cemetery has a tranquil and lovely location which is attractive to many, whether human or animal.
The new law will be helpful to those whose preferred companion is a turtle. Turtles live for decades says Barbara Daddario, education director of the New York Turtle and Tortoise Society. It is not unusual for a turtle or a tortoise to outlive its original owner and be passed to a younger family member. With the new law, ‘…it may be a while before the turtle goes in there,’ she said.
This is a terrific plan. You may want to check with your state and determine whether such an option is permitted in the state in which you reside. According to Mr. Fleming of the NY Association of Cemeteries, few others allow it, but he is uncertain as to which other states do/do not permit the practice. (Sarah Maslin Nir, “New York Burial Plots Will Now Allow Four-Legged Companions,” The New York Times (New York Region section), October 6, 2016)
Distribution of This Newsletter
Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post State Tax Credit Can Help With Home Improvement Costs first appeared on SEONewsWire.net.]]>
The post Westchester to Receive $3.3 Million Grant for In-Home Senior Services first appeared on SEONewsWire.net.]]>Governor Andrew M. Cuomo recently announced that the Westchester County Department of Senior Programs and Services will receive a $3.3 million grant for in-home services for seniors.
Gov. Cuomo said that the funding would help older New Yorkers continue to live in their homes with dignity and would improve their quality of life.
New York State’s county-based Area Agencies on Aging will receive a…
The post Medicaid Asset Transfers: What Are The Rules? first appeared on SEONewsWire.net.]]>For many families, paying for a loved one’s extended stay in a nursing home would be difficult without the help of Medicaid. However, in order to qualify for the program, a person’s income and assets must fall within certain limits.
Federal rules state that to qualify for Medicaid nursing home coverage, a person must have no more than $2,000 in “countable” assets. However, New York State has more…
The post Medicaid Asset Transfers: What Are The Rules? first appeared on SEONewsWire.net.]]>For many families, paying for a loved one’s extended stay in a nursing home would be difficult without the help of Medicaid. However, in order to qualify for the program, a person’s income and assets must fall within certain limits.
Federal rules state that to qualify for Medicaid nursing home coverage, a person must have no more than $2,000 in “countable” assets. However, New York State has more…
According to the New York State Department of Taxation, nine “clients” and two tax preparers were arrested on charges of claiming exaggerated refunds and filing false tax returns.
Officials say that the two tax preparers allegedly attempted to defraud New York State by preparing false state tax returns for relatives and friends for the 2008-2011 tax years. According to officials, the two were employed as tax preparers and filed fraudulent returns claiming incorrect amounts of income and refundable credits that the filers were not owed.
Heather Sweet, 35, was charged with one felony grand larceny count and eight felony counts of offering a false instrument for filing. Rebecca Tyner, 56, was charged with one felony grand larceny count and five felony false instrument counts.
Both defendants pleaded not guilty at their arraignments. Officials said that if the two tax preparers were convicted, they could each be sentenced to up to seven years in prison. The officials also said that Tyner faces over $10,000 in fines and Sweet faces more than $20,000 in fines. Of the nine “clients” arrested, each is facing one or more felony false instrument charges. According to officials, the nine taxpayers each believed that by having their returns filed by Sweet or Tyner, they would be paid refunds they were not owed. Each of the taxpayers could face up to four years in prison if convicted.
Fraud charges are very serious and complex charges, and it is important for anyone charged with such a crime to obtain representation from a criminal defense attorney. The Brill Legal Group has extensive experience defending people accused of fraud charges.
The post Eleven New York residents arrested on charges of tax fraud first appeared on SEONewsWire.net.]]>According to the New York State Department of Taxation, nine “clients” and two tax preparers were arrested on charges of claiming exaggerated refunds and filing false tax returns.
Officials say that the two tax preparers allegedly attempted to defraud New York State by preparing false state tax returns for relatives and friends for the 2008-2011 tax years. According to officials, the two were employed as tax preparers and filed fraudulent returns claiming incorrect amounts of income and refundable credits that the filers were not owed.
Heather Sweet, 35, was charged with one felony grand larceny count and eight felony counts of offering a false instrument for filing. Rebecca Tyner, 56, was charged with one felony grand larceny count and five felony false instrument counts.
Both defendants pleaded not guilty at their arraignments. Officials said that if the two tax preparers were convicted, they could each be sentenced to up to seven years in prison. The officials also said that Tyner faces over $10,000 in fines and Sweet faces more than $20,000 in fines. Of the nine “clients” arrested, each is facing one or more felony false instrument charges. According to officials, the nine taxpayers each believed that by having their returns filed by Sweet or Tyner, they would be paid refunds they were not owed. Each of the taxpayers could face up to four years in prison if convicted.
Fraud charges are very serious and complex charges, and it is important for anyone charged with such a crime to obtain representation from a criminal defense attorney. The Brill Legal Group has extensive experience defending people accused of fraud charges.
The post Eleven New York residents arrested on charges of tax fraud first appeared on SEONewsWire.net.]]>Advocates and parents eagerly awaited the passage of the 2015-2016 New York State Budget. In particular, the budget proposed many changes with regard to education– through the Education, Labor & Family Assistance Bill. The modified budget passed shortly before 3am on April 1, 2015.
A proposed special education waiver remained of particular concern to parents and was the topic of much debate during the passage of the 2015-2016 budget. The proposal would have allowed school districts, approved private schools, or boards of cooperative educational services (BOCES) to seek waivers from important protections contained in N.Y. Educ. Law §§ 4403 and 4403 and New York Regulations, but which are not included in the Individuals with Disabilities Education Act. The waiver would have allowed for the above educational agencies to submit waivers from special education requirements for a specific school year and provided for 60 days for the parents of students being affected to submit comments (S.2006/A.3006, Part A). The new budget did not include this proposal. Thus school districts cannot seek a waiver from protections in New York Law, which are not provided in the IDEA.
Moreover, the budget addressed the establishment of regional tuition rates for special education itinerant services (SEITS) based on average actual costs, over a four-year period (S.2006/A.3005, Part A). This proposal was adopted. SEIT services allow special education teachers to assist preschool students with disabilities in preschool general education classrooms. These important services allow for social and academic inclusion as well as education in the least restrictive environment. The new budget will establish a set rate for SEIT providers per region. Rates will be determined in the next year. The question remains whether the rates will take into account high quality services so that services may be provided by qualified preschool teachers.
Furthermore, in controversial new measures, the new budget sets new standards for evaluating teacher performance. Teachers must complete 100 hours of continuing education and recertify every five years or could lose their licenses. Also, the budget will implement a redesigned teacher evaluation system whereby teachers are rated in two categories, student performance and teacher observations. With regard to student performance, schools employ a standardized state measure, or may choose to use a state-designed supplemental assessment. With regard to teacher observation, teachers will be observed by principal observations and independent observations. Moreover, with regard to teacher tenure, new rules will provide that tenure is based on performance and is not simply a function of time. The budget extends the probationary period to a minimum of four years with no automatic right to tenure at any point. A teacher will have to receive ratings of effective or highly effective in at least three of four years to be eligible to receive tenure. If a teacher does not meet this threshold, he or she can be terminated or the district may extend the probationary period. As further incentive for performance, school districts may award a bonus of up to $20,000 to teachers who are top performers, and promotion opportunities will be tied to the evaluation system. For ineffective or poorly rated teacher, a new expedited removal procedure will be put in place
Finally, a portion of the budget also passing addressed failing schools in New York State. The proposal with regard to failing schools, sought to authorize the Commissioner of Education to a categorize a school district as failing (one that has scored in the lowest 2.5 percent of school districts statewide, when compared to other districts based on student achievement and performance on state assessments, graduation rates and drop-out rates) and appoint a receiver to create and enact a plan to improve student achievement (S.2010/A.3010, Part A). The proposal did not ultimately pass as originally proposed, and the final budget modified it, so that that schools identified under the state’s accountability system to be in the lowest five percent of public schools for at least three consecutive school years will be categorized as “failing” and have two years to institute an intervention model/comprehensive ed. plan. Those that have been identified to be among the lowest achieving public schools in the state for 10 consecutive school years will be deemed as “persistently failing” and have one year to institute such a plan.
As the new budget is implemented in the next year, we will see what changes ultimately affect special education services and placement of students in failing schools. On the education front, the current budget raised state aid to schools by $1.4 billion to $23.5 billion dollars. With careful attention and implementation, these changes should positively affect students in New York State schools to provide them with additional services and better access to a free and appropriate education. For more information regarding the new budget please see the following link: http://www.nysenate.gov/GetTheBudgetFacts2015-16.
Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.
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As America’s senior population continues to rise, the need for adult home care providers is increasing. In addition, there is a growing trend towards providing as much care as possible in the home as opposed to an inpatient setting.
The care provided by home health workers, hospice workers and family caregivers is invaluable. Caregivers assist with activities of daily living such as bathing and eating, medication monitoring, skilled nursing tasks, housekeeping, transportation and emotional support.
Hospice care helps individuals facing end-stage illnesses to maintain their comfort and dignity as they approach the end of life. The end of life is one of the most challenging periods faced by individuals and their families, and hospice care workers also care for the spiritual and emotional needs of patients and their families.
During November and throughout the year, individuals are encouraged to recognize the caregivers in their lives. A simple action such as thanking a home health worker or offering respite to a family caregiver can make a huge difference to people who do important work each day.
Here are some helpful resources for caregivers in New York State:
– New York State Office for the Aging
– New York City Department for the Aging
– Westchester County (Caregivers)
The post November is National Home Care and Hospice Month first appeared on SEONewsWire.net.]]>
The term “aging in place” is being heard more frequently these days. Simply put, “aging in place” means remaining in your own home and maintaining your independence as you grow older. Some Americans hope to accomplish this entirely on their own; others assume they will have the aid of nearby family members. But there is another option. By joining a local aging-in-place organization older adults are now finding they can have the best of both worlds – the privacy and autonomy they value plus peace of mind from belonging to a community of people who are willing to step in to lend a hand when needed.
To date there are 145 such organizations (frequently referred to as “Villages”) already operating around the country. These nonprofit groups have proved so popular that 125 more are in development. There are ten “Village” in New York State, with seven more on the way.
One such group in Westchester County is At Home on the Sound. Serving Larchmont and Mamaroneck, At Home on the Sound is currently comprised of 150 members (ranging in age from 62 to 100), plus approximately 80 community volunteers of all ages. Many of At Home’s members are also volunteers. Besides providing enriching programs and activities, At Home on the Sound matches the volunteers with members who need local transportation or other assistance. In any given week At Home on the Sound provides 25 to 30 rides to doctor appointments, errands – even the nail salon!
At Home on the Sound volunteers are also available to handle simple household maintenance tasks like changing a hard to reach light bulb or fixing a leaky faucet. Several times throughout the year local high school students offer technology workshops providing one-on-one assistance to At Home members with cell phones and iPads. Staying up-to-date with technology not only has wonderful social benefits but can be a matter of safety as well. An occupational therapist offers free home safety assessments, while a volunteer Medicare expert conducts annual seminars to keep members up-to-date on laws and deadlines. Trained volunteer patient advocates are even available to accompany members to medical appointments.
At Home on the Sound schedules at least a dozen social and cultural programs each month for members. A gentle yoga class is offered every week. Lectures are held on a vast array of topics from Acupuncture to the Constitutional Convention. Bus trips are organized for outings to museums, Broadway shows, and concerts. Activities such as Scrabble, Bridge, foreign language conversation, and current events discussions bring together like-minded members for fun and intellectual stimulation. All the programs are designed to ward off the sense of isolation that can sometimes come with age.
Not only do aging-in-place organizations improve the lives of members, these nonprofits can also be a godsend for family members who live far away and may not have regular contact with their older loved ones. With a quick local phone call, the older adult who belongs to an aging-in-place group can easily access a ride or other assistance when needed.
Aging-in-Place organizations around the country offer similar services to enhance and improve the quality of life for older adults – and their families. To see if an aging-in-place organization is currently serving your area visit the Village to Village network for a searchable map of the US.
Learn more about At Home on the Sound by clicking here.
Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here. Visit www.elderlawnewyork.com to learn more about helping seniors and their families plan for the future.
The post Aging Gracefully in Your Own Home – with a Little Help: Non-Profits Offer New Model for Growing Old on Your Own Terms first appeared on SEONewsWire.net.]]>According to the department, a change was needed because students with disabilities had lower math and reading scores and lower graduation rates than their peers. Arne Duncan, the U.S. Secretary of Education, said that when special education students are held to high standards, they can excel.
Under the new standards, states that fail to meet certain benchmarks for more than two years could lose some federal funding.
The new standards would be much more stringent. Last year, when the department measured performance by compliance with procedural standards, a total of 41 states and territories were able to meet requirements. This year, when the department included data on student performance, only 18 states and territories met requirements.
The Individuals with Disabilities Education Act (IDEA) requires the department to classify states annually as either meeting requirements, needing assistance, needing intervention or needing substantial intervention.
Under the new Results-Driven Accountability standards, New York State was classified as needing assistance, based on data from 2012-2013.
Littman Krooks assists special needs students and their parents with our special education advocacy services. Visit our website, www.specialneedsnewyork.com to learn more.
New York State residents who receive Supplemental Security Income (SSI) also receive a state supplement. For 2014, the maximum federal SSI amount is $721 and the NYS supplement is $87 bringing the maximum SSI benefit to $808 per month. At this time, New York State residents receive these benefits in one payment from the Social Security Administration (SSA), usually direct deposited into the recipient’s bank account. Starting October 1, 2014, New York SSI recipients will receive their federal SSI benefit and the state supplement benefit separately. The reason for this change is because New York State will realize significant savings by administering the state supplement benefits directly instead of paying the SSA to administer this program on its behalf.
The New York State Supplement Program, Bureau in the Center for Employment and Economic Supports within the NYS Office of Temporary and Disability Assistance (OTDA) will be responsible for administering this benefit. All business will be conducted by telephone, fax or mail only. There will not be walk-in offices to handle questions or requests. A customer support center with a toll free number will be available to assist recipients and is expected to be available starting August 2014.
The only change NYS SSI recipients will notice is that they will receive two monthly payments instead of one. NYS SSI recipients will receive their state supplement benefits in the same manner that they receive their SSI benefit. Direct deposits will go into the same account and payments will be issued on or before the first of each month. Starting in August 2014, NYS SSI recipients should receive notice by the State Supplement Program Bureau of this change. If the recipient has a representative payee for SSI purposes, this payee will remain the same for the state supplement benefit.
For more information please visit http://otda.ny.gov/programs/ssp/.
The post Changes In SSI Benefit Payments in New York first appeared on SEONewsWire.net.]]>
Effective July 1, 2014, the Senior Citizen Rent Increase Exemption (SCRIE) program has expanded.
Under the program, tenants who are over the age of 61 and who pay more than a third of their income in a rent-regulated apartment may stabilize their rent.
The expansion of the program is expected to add 24,000 older individuals to the 50,000 already enrolled. Community leaders have asked for help in spreading word, as many seniors in New York City may not be aware that they are eligible. The city’s Finance Department will send letters to applicants who were rejected in the past five years due to income requirements to notify them that they may now be eligible.
SCRIE has helped low-income senior tenants since 1970. The program cost the city $124 million last year, and this year New York State will contribute $1.2 million to its expansion.
Seniors who may be eligible can call 311 to request that a form be mailed to them. Alternatively, they may visit the SCRIE page on the New York City government website: http://www.nyc.gov/html/hpd/html/tenants/scrie.shtml.
For more information about our elder law services or to talk to a White Plains Estate Planning Attorney, visit www.elderlawnewyork.com.
The post New York’s Senior Citizen Rent Increase Exemption Program to Expand first appeared on SEONewsWire.net.]]>Each year in the United States, more than 30,000 children become permanently disabled following a brain injury resulting from such incidents as falls, sports-related concussions, anoxia, stroke, and vehicular crashes. As a child gets older, that part of the brain previously damaged may not work as well as it should. Problems seen in children after brain injury include deficits or altered development in attention and concentration, memory, and organizational skills as well as changes in behavioral, social, and emotional functioning. The consequences may present significant challenges for parents and educators of children with brain injury who struggle to meet their unique needs. There are a variety of approaches that provide information about brain injury to educators and families, although resources for these support systems are extremely limited.
The Brain Injury Association of New York State is pleased to announce the implementation of Project LEARN: Living Education and Resources Network and LEARNet. Recognized by the Brain Injury Association of America’s State Award of Excellence in 2007, Project LEARN’s primary objective is to create and sustain competency for those supporting children with brain injury at home and at school by establishing an easily accessible, interactive, user-friendly web-based information and resource program.
LEARNet is designed to provide information and support to educators and parents of a student with brain injury. LEARNet provides a step by step, common-sense approach in determining the factors that contribute to specific problems that students with brain injury often experience. It then instructs users on effective intervention strategies illustrated by video demonstrations. The format and content of the site reflects input gathered across the state from families, students, educators, and experts in the field.
Resources provided on the LEARNet website include an extensive listing of literature, media resources, books, other helpful websites, and links to state and local programs; a comprehensive glossary of terms related to brain injury; information about the brain, how it works, and what happens when it is injured; and support materials, including short articles on a wide range of topics relating to life after brain injury.
Project LEARN and LEARNet offer a unique approach in addressing the needs of students with brain injury and the educators and parents who strive to meet them effectively. The projects provide invaluable information to help develop appropriate educational plans using proven interventions. As a result, frustration and exacerbation of problematic behaviors are minimized.
Developed and supported by BIANYS staff and a team of nationally recognized experts in the field of pediatric brain injury, LEARNet is available to the general public and state affiliates free of charge, by visiting http://www.projectlearnet.org/.User suggestions are welcome and encouraged; LEARNet continues to evolve in response to its audience.
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The post LEARNet: Unique Approaches in Addressing the Needs of Students with Brain Injury first appeared on SEONewsWire.net.]]>By Marion Walsh, Esq., Littman Krooks LLP
Last week, New York State students participated in the English Language Arts assessments. Math assessments will occur Wednesday, April 30 – Friday, May 2. This is the second year that students in New York will take assessments based on Common Core Learning Standards (CCLS). Westchester County Executive Rob Astorino has stated publically that he planned to have his children opt-out of these assessments.
Before making the same decision for your child, you should understand the purpose of the tests and any consequences of opting out for your child. 
CCLS is Required in New York as Part of Assessment Scheme
The CCLS assessments represent only one part of required No Child Left Behind Act (NCLB) testing. NCLB requires states to administer tests in English Language Arts (ELA) and Mathematics in grades 3-8 and at least once in grades 10-12. It also requires states to administer testing in Science at least once during grades 3-5, 6-9 and 10-12. In New York, the State Education Department Office of State Assessment coordinates, develops, and implements the assessment program. New York implemented CCLS as part of NCLB assessments last year. The tests primarily at issue in the opt-out movement include testing in ELA and Mathematics for grades 3-8, as it is only these assessments that incorporate CCLS at this time.
There are consequences for your school district if the district does not meet testing participation rates. NCLB requires a 95% rate for all students and subgroups or the district could lost Title I funding.
Understand Your Rights
Most school districts will respect your right to have your child decline to take the assessments. As a matter of terminology, legally, New York State does not have a statutory opt-out provision and there exists no right to opt-out. New York State law does not require parental consent before school districts administer building level assessments to the general population.
Consider the impact of Opting Out
Before you decide to have your child opt-out, consider the impact of that decision on your child. On the one hand, the decision may empower your child and send an important statement.
Keep in mind that the Common Core now constitutes the general curriculum in New York and, in order to advance from grade to grade and achieve a high school diploma, your child will have to progress in this curriculum. If your child is struggling on Common Core assessments, you will need data to present to his/her teacher to get needed support or services. School districts also need to know how students are doing in order to improve these tests, improve the curriculum and improve student performance. The school and the parents need all the evidence they can get on what is working and not working, particularly for children who are struggling in school. If your child has a disability or you believe that your child may have a disability, it can be even more important to get this data. The Common Core assessments have lofty aspirations and many problems but educators cannot improve the assessments without data.
Make certain that the decision to opt-out will not negatively impact your child. Understand that your child has been working toward these assessments for the year. Telling your child not to take them may devalue their work in school.
Your child will be taking many different types of assessments for many years, such as the SAT and ACT and, possibly, tests for admission to professional schools (MCAT, LSAT). You may prefer to have your child to learn coping skills on difficult tasks rather than opting out. In addition, opting out of the assessments could also impact your child’s placement and services for the following year.
Before having your child opt-out, consider the following steps:
- Talk to your child’s teacher and the school principal about the reasons you do not want your child to take the assessments and ask about more support.
- Understand the consequences for your child and the school district.
- Make certain that opting out will not make your child more anxious by feeling singled out.
As an Alternative, Consider Advocacy:
New York State has indicated that it wishes to receive guidance and input on improving common core assessments and wants to hear from parents. The State Board of Regents has already adjusted the implementation of the CCLS in New York and will continue to do so.
By Marion Walsh, Esq., & Sandi Rosenbaum
Several different diplomas and credentials are awarded to students with disabilities who complete high school in New York State. Students and their parents need to be aware of the differences between these diplomas and credentials, and how they can affect one’s ability to pursue higher learning and other opportunities.
Regents Diploma:
In New York State, a standard high school diploma is called a Regents Diploma. This is the only diploma available to students without disabilities and is earned by most students with disabilities as well. Students must complete the required high school credits and pass 5 required Regents exams with a score of 65 or higher. A Regents Diploma with Advanced Designation is awarded to students who score 65 or higher on 8 or 9 Regents exams and is desired by many competitive colleges and universities.
Local Diploma:
To minimize the impact of high-stakes testing on students with disabilities, New York State requires districts to offer a local diploma to students with an individualized education program or section 504 Accommodation Plan under the so-called “Safety Net” provisions. Students may earn a local diploma if they score 55 or higher on the 5 required Regents exams. (They still need to earn all the credits required to graduate.) Further, even a grade of 45 on one or two Regents exams (other than English or math) can qualify a student for a local diploma if the student scores 65 or higher on other Regents exams under the so-called “compensatory option”.
Although the Regents diploma is preferred by college admissions departments, community colleges and some other institutions accept students with a local diploma. The local diploma is also accepted by the armed forces, trade unions, and for all similar opportunities for which a high school diploma is required.
Even with the safety net options, some students will not be capable of earning a local diploma. Two other types of credentials are awarded to students with disabilities. These credentials are not high school diplomas and thus do not create eligibility for traditional higher education degree programs. However, alternative programs such as Think College do offer opportunities for students who are not eligible for degree programs to participate in campus and academic life.
Career Development & Occupational Studies (CDOS) Commencement Credential:
Some students with disabilities may receive a Career Development and Occupational Studies (CDOS) Commencement Credential. This credential signifies substantial high school level Career and Technical Education and was designed as a supplement to a Regents or local diploma. However, students with disabilities who complete its specialized requirements without achieving the required scores on Regents exams may earn the CDOS even without meeting requirements for a diploma.
Skills and Achievement Commencement Credential (SACC):
Students with severe disabilities who attend school for 12 years or more and are assessed using the New York State Alternate Assessment (NYSSA) graduate with the Skills and Achievement Commencement (SACC) credential. The SACC indicates the student’s functional level of achievement academically and in terms of occupational and career development.
Many students with disabilities are able to perform well academically in high school and advance their education at a college or university. The path a student takes depends on individual circumstances and being aware of what options are available.
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By Marion Walsh, Esq., & Sandi Rosenbaum
Several different diplomas and credentials are awarded to students with disabilities who complete high school in New York State. Students and their parents need to be aware of the differences between these diplomas and credentials, and how they can affect one’s ability to pursue higher learning and other opportunities.
Regents Diploma:
In New York State, a standard high school diploma is called a Regents Diploma. This is the only diploma available to students without disabilities and is earned by most students with disabilities as well. Students must complete the required high school credits and pass 5 required Regents exams with a score of 65 or higher. A Regents Diploma with Advanced Designation is awarded to students who score 65 or higher on 8 or 9 Regents exams and is desired by many competitive colleges and universities.
Local Diploma:
To minimize the impact of high-stakes testing on students with disabilities, New York State requires districts to offer a local diploma to students with an individualized education program or section 504 Accommodation Plan under the so-called “Safety Net” provisions. Students may earn a local diploma if they score 55 or higher on the 5 required Regents exams. (They still need to earn all the credits required to graduate.) Further, even a grade of 45 on one or two Regents exams (other than English or math) can qualify a student for a local diploma if the student scores 65 or higher on other Regents exams under the so-called “compensatory option”.
Although the Regents diploma is preferred by college admissions departments, community colleges and some other institutions accept students with a local diploma. The local diploma is also accepted by the armed forces, trade unions, and for all similar opportunities for which a high school diploma is required.
Even with the safety net options, some students will not be capable of earning a local diploma. Two other types of credentials are awarded to students with disabilities. These credentials are not high school diplomas and thus do not create eligibility for traditional higher education degree programs. However, alternative programs such as Think College do offer opportunities for students who are not eligible for degree programs to participate in campus and academic life.
Career Development & Occupational Studies (CDOS) Commencement Credential:
Some students with disabilities may receive a Career Development and Occupational Studies (CDOS) Commencement Credential. This credential signifies substantial high school level Career and Technical Education and was designed as a supplement to a Regents or local diploma. However, students with disabilities who complete its specialized requirements without achieving the required scores on Regents exams may earn the CDOS even without meeting requirements for a diploma.
Skills and Achievement Commencement Credential (SACC):
Students with severe disabilities who attend school for 12 years or more and are assessed using the New York State Alternate Assessment (NYSSA) graduate with the Skills and Achievement Commencement (SACC) credential. The SACC indicates the student’s functional level of achievement academically and in terms of occupational and career development.
Many students with disabilities are able to perform well academically in high school and advance their education at a college or university. The path a student takes depends on individual circumstances and being aware of what options are available.
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Choosing the right long-term care services and supports can be difficult. If you are looking for long-term care in New York State, you should be aware of NY Connects: Choices for Long-Term Care.
This free, state-funded service can provide you with personalized information over the telephone about options including assisted living residences, nursing homes, senior centers, adult day care, home care, hospice care, transportation, payment for medicine and many other similar concerns.
Speaking with a NY Connects counselor can be very helpful if you know you need assistance but are unsure what kind of help is available or which long-term care option is best for your situation.
The service is available whether you are eligible for a government program, using insurance or paying for services yourself. Calls are confidential and are answered by trained specialists. Help is available in several different language, and TTY is available for the hearing impaired.
In Westchester County, NY Connects can be reached at (914) 813-6300. More information is available at www.nyconnects.ny.gov.
Contact a New York estate planning lawyer at Littman Krooks at (914) 684-2100
The post NY Connects: Long-Term Care first appeared on SEONewsWire.net.]]>For recipients of Medicare benefits, the cost of a hospital stay and any subsequent stay in a nursing facility may depend in large part on whether or not the patient was “admitted” to the hospital as an inpatient, or is on observation status as an outpatient. The distinction is crucial, and vexing for patients and doctors alike.
After a patient has spent the night in a hospital bed, been given a gown and wrist bracelet, been seen by doctors and nurses, and been fed and washed by aides, he might reasonably be perplexed by the idea that there is any question about whether he has been “admitted” to the hospital. Yet many patients do find, after the fact, that their entire hospital stay has been on “observation” status and they were never formally admitted. This can greatly increase the out-of-pocket expense for the patient, and can affect Medicare coverage for any nursing home stay after the hospital stay.
The current Medicare policy is known as the “two-midnight rule”: if a doctor expects that a patient’s stay will include two midnights, then the patient is admitted under inpatient status. This means that the stay is covered by Medicare Part A, which covers hospital stays. If the stay doesn’t include two midnights, then Medicare regards the person as an outpatient covered by Medicare Part B, which covers doctors. The distinction can make a huge difference in cost for patients, because under Part B, each procedure, visit and prescription is billed separately, and co-pays can easily mount to hundreds or even thousands of dollars.
Naturally, Medicare patients would prefer to be admitted as inpatients, and hospitals generally feel the same way, since Part A reimburses at a higher rate than Part B. However, hospitals that formally admit patients who do not end up needing two midnights’ care can face audits, payment denials and fraud accusations from Medicare.
Both doctors and patients complain that the two-midnight rule is arbitrary. A patient who arrives at the hospital at 11:55 p.m. on a Wednesday night and is discharged Friday morning may be admitted as an inpatient and covered by Medicare Part A. If he arrived 10 minutes later, he would be an outpatient under observation status and face higher co-pays under Medicare Part B. Another problem with the rule is that doctors are supposed to make the call about whether a patient is expected to stay for two midnights, and this can often be unpredictable.
A further difficulty is caused by the fact that Medicare will pay for up to 100 days of skilled nursing care only if the nursing home stay is preceded by a three-day hospital stay. If a patient is classified as under observation as an outpatient, the nursing home stay is not covered.
One bright spot for residents of New York State is the legislation recently passed and signed into law that requires that hospitals inform Medicare beneficiaries if they are on observation status and allows them to appeal that status. It is crucial for Medicare beneficiaries entering the hospital to be aware of their admission status and be prepared to appeal observation status if necessary. Congressional legislation is also pending – but stalled – to allow any hospital stay, whether inpatient or outpatient, to be applied to the three-day requirement for Medicare to cover care in a skilled nursing facility.
This article first appeared on Poughkeepsie Journal (Dec. 14, 2013)
The post The Two-Midnight Rule: The Difference Between Inpatient and Outpatient Status and How it Affects Medicare Part A and B Payouts first appeared on SEONewsWire.net.]]>The applicable laws are the federal Fair Housing Act, and the Human Rights Laws of New York State and New York City. The city law is the broadest, covering “physical, medical, mental or psychological” impairments. If a landlord or co-op or condominium board challenges the need for the service animal, a doctor’s note will be required at the very least, and depending on the situation, the individual may need to do more to show the connection between the disability and the service animal. In order to deter fraudulent requests for waivers of the no-pet policy, some building owners may require that the dog be registered as a service animal with the New York City Department of Health and Mental Hygiene.
Building owners are permitted to ask questions about the evidence an individual submits. Many building owners want to do the right thing and are simply looking for proof of a connection between the disability and the need for the service animal. However, if a request is unfairly denied, or penalties such as extra insurance are required as a condition of accepting the animal, then a a tenant or owner of a co-op or condominium unit may file a discrimination complaint with the Office of Fair Housing and Equal Opportunity of the Department of Housing and Urban Development, or with the New York City Commission on Human Rights.
For more information about our legal services, visit www.specialneedsnewyork.com.
A Long Island married couple who are both developmentally disabled has found a group home where they can cohabit, but a lawsuit for their right to live together continues. The case may be the first to raise the question of whether denying mentally disabled people the right to cohabitation in a marriage violates the Americans with Disabilities Act (ADA).
Paul Forziano, 30, and Hava Samuels, 36, married in April of last year. The couple met seven years ago at a day program operated by the Maryhaven Center of Hope on Long Island. Forziano and Samuels both have mild to moderate mental disabilities.
The couple’s wedding had been delayed because they wanted to ensure that they could live together after they were married. Samuels lived at Maryhaven Center of Hope and Forziano lived at Independent Group Home Living, both on Long Island. Both group homes refused to allow the couple to live together. The couple’s parents, who supported the marriage, filed a federal lawsuit as the couple’s guardians against the group homes and the state of New York. The state was named as a defendant because it oversees the licensing of the nonprofit group homes and receives the Medicaid funding that pays for their services. The state Office of Persons with Developmental Disabilities, also named in the suit, is responsible for the program that provides Medicaid waiver services.
Since the lawsuit was filed, another group home, East End Disabilities Associates, has offered to provide the couple with a one-bedroom apartment inside the home, where they can live together. Forziano and Samuels are planning to move into their new home sometime in July. The lawsuit, however, will continue. The two wish to establish their right to live together and obtain compensation for that right having been denied. When the couple expressed to their parents that they wished to be married, their parents found no legal barriers to people with intellectual disabilities marrying, but they found that the group homes where the two resided were not supportive of their desire to marry and would not provide housing where they could live together.
The lawsuit hinges on the ADA’s provision requiring public entities to make reasonable accommodations to avoid discrimination on the basis of disability. The state of New York licensed the couple to marry, and the right to live together as a couple is among the most basic rights associated with marriage. The plaintiffs argue that because they are a married couple and their intellectual disabilities require that they reside in a supervised housing situation, the nonprofit group homes, by virtue of accepting Medicaid funding, should be required to accommodate their wish to live together. The lawsuit also cites the Fair Housing Act and New York State’s Human Rights Law.
It is difficult to know how many people with mental disabilities are married, because such information is not collected in marriage license applications. However, it is known that other married couples with mental disabilities live together in New York State, including in group homes. If Samuels and Forziano’s lawsuit is successful, it may establish their right to do so.
For more information about disability planning, visit www.specialneedsnewyork.com.
Veteran Disability Attorney
More states are pushing to give disabled vets a much-needed tax break.
In Michigan, State Senator Glenn Anderson (D-Westland) has introduced legislation to reduce taxes for his state’s disabled vets. His latest bill, Senate Bill 104, would allow local governmental units to exempt vets who are 100 percent disabled from paying local property taxes. Sen. Anderson’s bill is now going before the Senate Finance Committee.
“It is heartening to see lawmakers push to give our country’s disabled vets a break to help them keep their homes,” commented veterans disability attorney James Fausone.
Anderson stated that even if local communities wanted to give disabled vets the tax break, currently they cannot under state law. But vets who are 100 percent disabled often find it impossible to become gainfully employed in civilian life and face a number of financial hurdles. Anderson said that he believed many communities throughout the state of Michigan would be glad to waive local property taxes on primary residences for those vets as a way to thank them for their service and sacrifice. Senate Bill 104, co-sponsored by Republicans and Democrats, has widespread veteran advocate support from several veteran organizations.
Meanwhile, in Washington State, lawmakers have approved a tax exemption for disabled veterans in need of a vehicle modification. The senate unanimously voted to establish a tax benefit for disabled vets who need installation and/or repairs on any equipment to help them get into, out of or drive a car or truck. The measure would cost Washington State just over $60,000 over the next two years in tax revenue.
Connecticut is also considering a tax break for disabled vets. Senate Bill 383 is currently before General Assembly, awaiting the support of the state legislators. The bill would give a tax break to that state’s bets disabled during service in the Persian Gulf and Afghanistan.
And in New York State, more than 50 percent of the 14,000 vets in Chautauqua County have yet to apply for tax breaks which would save them at least several hundred dollars each year. U.S. Sen. Charles Schumer, D-N.Y. has initiated a plan to support newly returned vets from Iraq and Afghanistan by ensuring they are getting the benefits to which they are entitled. He is pushing the VA to use a universal property tax exemption application for vets discharged from service and considering the purchasing of a home. He is also asking that social media helps spread the word to newly discharged vets that federal and state benefits are available to them, as the area’s home buying season heats up.
Sources
http://abc10up.com/bill-could-cut-taxes-for-disabled-veterans/
http://www.americanhomecomings.com/news/2013/04/29/washington-senate-approves-tax-break-for-disabled-vets/
http://articles.courant.com/2013-04-19/news/hcrs-14460hc–20130417_1_property-tax-relief-state-legislators-persian-gulf
http://www.observertoday.com/page/content.detail/id/584309/Schumer-sessions.html
Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800
The post Veterans Disability Attorney Applauds Efforts to Cut Taxes for Disabled Veterans first appeared on SEONewsWire.net.]]>