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SNA | SEONewsWire.net http://www.seonewswire.net Search Engine Optimized News for Business Tue, 22 Apr 2014 11:02:07 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.8 Understanding VA Disability Benefits http://www.seonewswire.net/2014/04/understanding-va-disability-benefits/ Tue, 22 Apr 2014 11:02:07 +0000 http://www.seonewswire.net/2014/04/understanding-va-disability-benefits/ By Cindy S. Alvear, Esq. and Julian E. Gray, CELA The Special Needs Alliance and The Arc collaborate on issues of mutual interest. The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively

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By Cindy S. Alvear, Esq. and Julian E. Gray, CELA

The Special Needs Alliance and The Arc collaborate on issues of mutual interest. The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

Most people are aware, to some extent, that the Veterans Administration (VA) offers benefits for service-related disabilities. Many don’t realize, however, that for veterans with war-time service-even if stationed stateside-there may be coverage for certain non-service-related disabilities, as well. Here’s an overview:

Service Connected Disability Compensation

Tax-free payments, based on a sliding scale of disabilities, are available to veterans whose injury or disease results from military service. This includes related conditions which may not have produced symptoms prior to discharge. Higher rates of compensation are awarded for specific categories, such as loss of a limb, the effects of Agent Orange or supports needed for “activities of daily living,” such as bathing, dressing and dispensing of medication. Compensation for daily living supports is also available for parents and spouses.

Dependency and Indemnity Compensation (DIC)

Tax-free payments are provided to surviving spouses, children and parents of military personnel who have died during active duty, in training or as the result of a service-connected disability. Income limits apply in the case of parents.

Non-Service-Connected Pension with Aid and Attendance

Veterans with non-service-related disabilities, who completed at least one day of active duty service during a war-time period (World War II, the Korean War, Vietnam or the Gulf War) and served for a minimum of 90 days, may be eligible for non-taxable “Aid and Attendance.” It does not matter that they may have been stationed stateside or outside a combat zone.

Veterans who may have too much income to qualify for the base low-income pension may qualify for Pension with Aid and Attendance if they have high medical care expenses. Aid and Attendance may pay for the cost of caregivers who assist individuals with two or more activities of daily living (ADLs). Such services can be provided in the home, in a personal care or assisted living facility, or nursing home. Spouses are also eligible.

This benefit has stringent income and asset requirements. A veteran who has a high income, however, may still be eligible after the deduction of recurring, unreimbursed medical expenses, including prescriptions, insurance premiums and caregiver costs. Although there is currently no penalty for “spending down” assets before applying, pending federal legislation is likely to penalize individuals who dispose of assets at less than their fair market value within three years of filing.

While the value of an individual’s primary residence is not considered in the asset calculations, if the home is subsequently sold to help pay for a greater level of care, those funds could interrupt Aid and Attendance payments and require reapplication once the money has been spent. For this reason, it’s important to analyze long-term needs and options before submitting a claim.

To read the full article, visit the SNA website by clicking here.

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The Arc Reacts to Startling New Bureau of Justice Statistics on Crimes against People with Cognitive and Other Disabilities http://www.seonewswire.net/2014/03/the-arc-reacts-to-startling-new-bureau-of-justice-statistics-on-crimes-against-people-with-cognitive-and-other-disabilities/ Fri, 21 Mar 2014 14:49:24 +0000 http://www.seonewswire.net/2014/03/the-arc-reacts-to-startling-new-bureau-of-justice-statistics-on-crimes-against-people-with-cognitive-and-other-disabilities/ The Special Needs Alliance and The Arc collaborate on issues of mutual interest. The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout

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The Special Needs Alliance and The Arc collaborate on issues of mutual interest. The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

The Bureau of Justice Statistics (BJS) recently released a report on Crime Against Persons with Disabilities, 2009-2012 – Statistical Tables. Disabilities are classified according to six limitations: hearing, vision, cognitive, ambulatory, self-care, and independent living. Among persons with disabilities, those with cognitive disabilities experienced the highest rate of violent victimization (63 per 1,000). Violent crime against persons with disabilities was nearly three times higher than the rate for persons without disabilities. The rate of serious violent crime—rape or other sexual assault, robbery and aggravated assault—against persons with disabilities was nearly four times higher than that for persons without disabilities in 2012.

To read the full article, visit the SNA website by clicking here.

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NY Estate Planning Attorney Discusses Changes to SNTs with Congress and Senate http://www.seonewswire.net/2013/05/ny-estate-planning-attorney-discusses-changes-to-snts-with-congress-and-senate/ Mon, 20 May 2013 15:16:47 +0000 http://www.seonewswire.net/2013/05/ny-estate-planning-attorney-discusses-changes-to-snts-with-congress-and-senate/ This May, members of the Special Needs Alliance (SNA) traveled to Washington D.C. for their annual spring meeting and a “Day on the Hill.” During their visit to Capitol Hill, SNA members briefed their local members in the Congress and

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This May, members of the Special Needs Alliance (SNA) traveled to Washington D.C. for their annual spring meeting and a “Day on the Hill.” During their visit to Capitol Hill, SNA members briefed their local members in the Congress and Senate on issues regarding public policy, advocacy and special needs trusts (SNTs).

Littman Krooks attorney and SNA member Amy C. O’Hara, Esq., spoke with aides of Rep. Eliot Engel (NY) and Sen. Kristen Gillibrand (NY) to discuss and act on what appears to be a simple drafting error in the writing of the Omnibus Budget Reconciliation Act of 1993.

The drafting error in this bill makes the presumption that that an individual who is disabled lacks the requisite mental capacity to create his or her own first party SNT. The proposed change to 42 USC

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