1 Unless the same party is in charge of the legislature and the executive, Comprehensive Immigration Reform is NOT going to happen. Reform Immigration piecemeal
2 Tackle Business Immigration first—-both Republicans and Democrats love this. Silicon Valley and fruit pickers jointly agree. Construction Companies and Chicken Processors agree
3 Concede to Trump’s agenda to reduce the Business Immigration backlog
4 Take away H-1B quotas and let market place dictate demands. If an employer does not have a valid job offer and files for anyone, make employer pay a fine and bar them from sponsoring anyone for 5 years
5 Introduce legislation where ordinary folks can sponsor cleaning ladies, pool cleaners, lawn maintenance guys as Guest workers—-with visas renewable every 2 years. Everyone needs to receive a fair salary. Everyone has to pay taxes
6 If guest workers can prove continuous employment after 10 years, make them pay a fine and become legal residents. Then they have 5 years and the exam to become citizens
7 Reduce the quota for family Immigration, unless it’s a spouse of USC or a Permanent Resident. If Immigrants want family connections, they can go back. This issue is hotly challenged by Republicans and it stands to reason. Parents are usually older and tax our already falling apart health care system.
8 I feel that if the above rules are implemented, then illegal immigration will slowly diminish. People won’t stay in the US, unless they have a job offer. After 2 years of implementation, the border issue can be tackled.

Written by Annie Banerjee, for Banerjee & Associates

To learn more about both the effects of bullying and mental health and what you can do, you are invited to a seminar on May 10, 2016:  Understanding the Legal Obligations of a School District Regarding Bullying and Student Mental Health

By Marion M. Walsh, Esq.

Every parent and school professional must be aware of the mental health crisis confronting our youth and take steps to understand and advocate. Parents and schools must act together to protect children become educated on risk factors and symptoms.

If your child has a mental health issue, it is important to understand how to seek community supports and to understand the legal obligations of your school district.  Too many parents view mental health issues as a “private issue” or believe that things will improve. It is almost impossible for parents to handle mental health issues alone.

Signs of Mental Health Problems in Children:

Parents must be aware of signs of mental illness. Early identification is key to help children.  The Mayo Clinic and other professionals list the following signs of mental illness in children, but the list is not exhaustive:

• Mood changes: Look for feelings of sadness or withdrawal that last at least two weeks or severe mood swings that cause problems in relationships at home or school. Some students simply withdraw. School avoidance or physical symptoms without physical causes can also be a sign of mental distress.
• Intense feelings: Be aware of feelings of overwhelming fear for no reason — sometimes with a racing heart or fast breathing — or worries or fears intense enough to interfere with daily activities.
• Behavior changes: Look for drastic changes in behavior or personality, as well as dangerous or out-of-control behavior. Fighting frequently or expressing a desire to hurt others also are warning signs.
• Difficulty concentrating: Look for signs of trouble focusing or sitting still, both of which might lead to poor performance in school.
• Unexplained weight loss: A sudden loss of appetite, frequent vomiting or use of laxatives might indicate an eating disorder.
• Physical harm: Sometimes a mental health condition leads to suicidal thoughts or actual attempts at self-harm or suicide.
• Substance abuse: Some children use drugs or alcohol to try to cope with their feelings.

School District Legal Obligations to Help:

If a child is showing signs of mental illness, it is important for parents to understand school district legal obligations and also how to get community support.   Not every child with mental health issues has a disability but if a condition affects educational performance, the school district has an obligation to refer a student for special education and related services.

• Pursuant to the Individuals with Disabilities Education Improvement Act (IDEA), 20 USC §1400, seq. and parallel state law, school districts have a responsibility to identify and provide appropriate services to students with disabilities, including those who have an emotional disturbance or disability, including another health impairment, such as ADHD.
• As the Supreme Court noted in Honig v. Doe in 1988, “Among the most poorly served of disabled students were emotionally disturbed children: Congressional statistics revealed that for the school year immediately preceding passage of the Act, the educational needs of 82 percent of all children with emotional disabilities went unmet. See S. Rep. No. 94-168, p. 8 (1975).”  

If your child has mental health needs impacting education, you should refer your child for special education services and, if the child has a disability, he or she should qualify for an IEP and receive special education supports, such as counseling, flexibility with assignments, or a therapeutic environment. Some children with mental health needs may need building level help or need accommodations under Section 504 of the Rehabilitation Act.  

Steps to Take:

On a broader scale,  work with your school district and community to develop a task force to create systems and policies to proactively address student mental health needs and make sure interventions are in place.  Talk to your child’s school district administrators about making mental health and social emotional health a priority in your school district and ask about what programs are in place to ensure children are served.   Much training is available and many organizations have resources to help.

As just three examples of what you can do:

1. Become Certified in Youth Mental Health First Aid
2. Consider taking the Sandy Hook Promise, which encourages safer schools and more mental health treatment.
3.  Attend a screening of No Letting Go, on mental health and youth and one family’s story, aimed at helping to end the stigma:

Read more on how to educate, advocate and support mental health awareness month by clicking here.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

To learn more about both the effects of bullying and mental health and what you can do, you are invited to a seminar on May 10, 2016:  Understanding the Legal Obligations of a School District Regarding Bullying and Student Mental Health

By Marion M. Walsh, Esq.

Every parent and school professional must be aware of the mental health crisis confronting our youth and take steps to understand and advocate. Parents and schools must act together to protect children become educated on risk factors and symptoms.

If your child has a mental health issue, it is important to understand how to seek community supports and to understand the legal obligations of your school district.  Too many parents view mental health issues as a “private issue” or believe that things will improve. It is almost impossible for parents to handle mental health issues alone.

Signs of Mental Health Problems in Children:

Parents must be aware of signs of mental illness. Early identification is key to help children.  The Mayo Clinic and other professionals list the following signs of mental illness in children, but the list is not exhaustive:

• Mood changes: Look for feelings of sadness or withdrawal that last at least two weeks or severe mood swings that cause problems in relationships at home or school. Some students simply withdraw. School avoidance or physical symptoms without physical causes can also be a sign of mental distress.
• Intense feelings: Be aware of feelings of overwhelming fear for no reason — sometimes with a racing heart or fast breathing — or worries or fears intense enough to interfere with daily activities.
• Behavior changes: Look for drastic changes in behavior or personality, as well as dangerous or out-of-control behavior. Fighting frequently or expressing a desire to hurt others also are warning signs.
• Difficulty concentrating: Look for signs of trouble focusing or sitting still, both of which might lead to poor performance in school.
• Unexplained weight loss: A sudden loss of appetite, frequent vomiting or use of laxatives might indicate an eating disorder.
• Physical harm: Sometimes a mental health condition leads to suicidal thoughts or actual attempts at self-harm or suicide.
• Substance abuse: Some children use drugs or alcohol to try to cope with their feelings.

School District Legal Obligations to Help:

If a child is showing signs of mental illness, it is important for parents to understand school district legal obligations and also how to get community support.   Not every child with mental health issues has a disability but if a condition affects educational performance, the school district has an obligation to refer a student for special education and related services.

• Pursuant to the Individuals with Disabilities Education Improvement Act (IDEA), 20 USC §1400, seq. and parallel state law, school districts have a responsibility to identify and provide appropriate services to students with disabilities, including those who have an emotional disturbance or disability, including another health impairment, such as ADHD.
• As the Supreme Court noted in Honig v. Doe in 1988, “Among the most poorly served of disabled students were emotionally disturbed children: Congressional statistics revealed that for the school year immediately preceding passage of the Act, the educational needs of 82 percent of all children with emotional disabilities went unmet. See S. Rep. No. 94-168, p. 8 (1975).”  

If your child has mental health needs impacting education, you should refer your child for special education services and, if the child has a disability, he or she should qualify for an IEP and receive special education supports, such as counseling, flexibility with assignments, or a therapeutic environment. Some children with mental health needs may need building level help or need accommodations under Section 504 of the Rehabilitation Act.  

Steps to Take:

On a broader scale,  work with your school district and community to develop a task force to create systems and policies to proactively address student mental health needs and make sure interventions are in place.  Talk to your child’s school district administrators about making mental health and social emotional health a priority in your school district and ask about what programs are in place to ensure children are served.   Much training is available and many organizations have resources to help.

As just three examples of what you can do:

1. Become Certified in Youth Mental Health First Aid
2. Consider taking the Sandy Hook Promise, which encourages safer schools and more mental health treatment.
3.  Attend a screening of No Letting Go, on mental health and youth and one family’s story, aimed at helping to end the stigma:

Read more on how to educate, advocate and support mental health awareness month by clicking here.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

The Social Security Disability Benefits Reform Act of 1984 (“DBRA 1984”) was passed by a unanimous, bipartisan vote in the House and Senate (99-0) in September 1984. President Reagan signed the law on October 9, 1984, when it became Pub. L. No. 98-460. One of the main provisions required “medical improvement” before benefits could be terminated where years prior SSA was arbitrarily terminating benefits under false medical assumptions, specifically of those claimant’s with mental disabilities.

The Medical Improvement Review Standard:

Under Section 2(a) of DBRA 1984 sets forth the medical improvement review standard (MIRS): SSA shall terminate disability benefits only if such finding is supported by substantial evidence which demonstrates that there has been any medical improvement in the individual’s impairment or combination of impairments (other than medical improvement which is not related to the individual’s ability to work), and the individual is now able to engage in substantial gainful activity. 42 USC sections 423(f)(1) and 1382c(a)(4)(A). ”Medical improvement” is any decrease in the medical severity of your impairment(s) which was present at the time of the most recent favorable medical decision that you were disabled or continued to be disabled. 20 CFR sections 404.1594 and 416.994. SSA will only consider the impairments that the individual had at the time of the last disability decision, and not those which have developed since that time. However, SSA will consider any new impairments when it assesses whether the person is now able to engage in substantial gainful activity (assuming medical improvement of prior impairment(s) is found) under the second prong of the statutory standard. SSA will find that there has been medical improvement if only one impairment has improved, even if another impairment(s) present at the time of the most recent favorable decision has worsened. There are exceptions such as fraud where SSA can immediately terminate benefits and where SSA finds and obvious error, such as the misapplication of the rules, missing evidence, etc., SSA may “reopen” the matter for further adjudication.

As a claimant who was awarded benefits it is important, not only for your personal well being to see your treating doctors regularly, but to understand that you will be reviewed via SSA. No medical treatment usually equals “medical improvement”. If a “cessation of benefits” does occur you should immediately seek an experienced attorney.

David W. Magann, Esq.

USMC Veteran

David W. Magann, P. A.  Attorneys at Law Phone: 813-657-9175    156 W. Robertson St., Brandon, FL  33511

www.DavidWMagann.com Lakeland Ph.: 863-802-8060

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