Headlines

This Loophole Ends the Privacy of Social Security Numbers
September 23, 2016
Federal law is supposed to protect the privacy of your Social Security number from government inquiries -- but apparently that doesn’t extend to a check on whether you’ve paid back taxes and child support.
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It’s Not Just For Kids: Medicare EpiPen Spending Up 1,100 Percent
September 22, 2016
Even as the cost of EpiPens dramatically rose, so too did the number of prescriptions written for patients in Medicare, sending spending by the program skyrocketing nearly 1,100 percent from 2007 to 2014, a new report shows.
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Over $24 Million Tagged for Disability Employment
September 21, 2016
The U.S. Department of Labor is sending millions of dollars to states and organizations, all earmarked to improve the employment odds facing people with disabilities.
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For Some Seniors Without Housing, a Parking Lot Is Home
September 20, 2016
For the seniors left out in the cold, their only option is living in their cars.
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Self-Advocacy Gets National Push
September 19, 2016
Efforts to promote self-advocacy among people with intellectual and developmental disabilities are getting a major boost with the creation of a first-ever national resource center.
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Program Employs a Handyman to Upgrade Low-Income Seniors’ Health
September 16, 2016
Assistance from a nurse, an occupational therapist and - in a novel approach, a handyman - made it easier for low-income seniors to perform tasks, like dressing, that are essential for independent living, a new study shows.
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Should Social Security's Minimum Benefit Go Up?
September 15, 2016
Proposals suggest a boost would help some retirees, but it would come at a cost. Is a raise worth it?
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Failure to Improve Is Still Being Used, Wrongly, to Deny Medicare Coverage
September 14, 2016
Medicare beneficiaries often hear such rationales for denying coverage of skilled nursing, home health care or outpatient therapy: They’re not improving. They’ve “reached a plateau.” They’re “stable and chronic,” or have achieved “maximum functional capacity.”
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America's Hidden Long-Term Care Problem
September 9, 2016
As Next Avenue has written, long-term care costs are out of reach for most Americans. But here’s something equally painful about long-term care in America: the job of being a long-term care worker.
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Study Finds Benefits When Seniors Call Shots to Help Them
September 8, 2016
A federally funded project that researchers say has potential to promote aging in place began by asking low-income seniors with disabilities how their lives at home could be better, according to a study released Wednesday.
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Updates

Regarding Emails Received With Subject Line "A NAELA Ordering Account has been established for you"
Several NAELA members received an email this afternoon from account_creation@epmonline.com with the subject line, "A NAELA Ordering Account has been established for you." The email was sent from a legitimate company, MarketingBench. This company produces the NAELA customizable brochures. The account information was introduced prematurely by the vendor without NAELA's permission. NAELA will provide clearer information on how members can make use of the service at the appropriate time. However please ignore any communication you have received from the vendor at this time. NAELA apologizes for any confusion this may have caused. (September 23, 2016)

NAELA Praises House Passage of Special Needs Trust Fairness and Medicaid Improvement Act
The House passed the Special Needs Trust Fairness and Medicaid Improvement Act (H.R. 670) 382 to 22 today, which corrects an error in the law that presumes that all persons with disabilities lack the mental capacity to handle their own affairs. See press release. (September 22, 2016)

NAELA Foundation Announces 2017 Conference Scholarship Opportunity
The National Academy of Elder Law Attorneys Foundation proudly announces the availability of the Cohn Sisters’ Scholarships for Patient Advocacy for attendance at the 2017 NAELA Annual Conference in Boston, Massachusetts (April 27-29). Learn more and submit an application by January 20, 2017. (September 22, 2016)

NAELA Advocacy Alert - Lobbying for the SNT Fairness Act Is Easier Than You Think
Like the gap between practicing law and its dramatic appearance on TV, lobbying Congress suffers from a misconstrued image. Read more and learn how you can get involved. (August 23, 2016)

NAELA President's Award Given to PLAN/NJ Executive Director, Ellen Nalven
Green Brook resident and Executive Director of Planned Lifetime Assistance Network of New Jersey (PLAN/NJ) located in Somerville, Ellen Nalven, M. Ed, recently received The National Academy of Elder Law Attorneys (NAELA) 2016 President's Award. Read more. (August 23, 2016)

NAELA Releases Video Series for People With Multiple Sclerosis
The new “Legal and Care Planning for People with Multiple Sclerosis” video series is intended to help people diagnosed with MS and their families understand the complex legal and planning issues they face. It was produced via a partnership between the National Academy of Elder Law Attorneys (NAELA) and Stetson University College of Law, in consultation with the National MS Society. See press release. (August 15, 2016)

NAELA Advocacy Alert - Breaking News: Committee Approves SNT Fairness Act in Package!
Today, the House Energy and Commerce Committee approved the Special Needs Trust Fairness Act (H.R. 670) as part of a small legislative package to improve Medicaid! Read the Advocacy Alert. (July 13, 2016)

Update on DeCambre v. Brookline Housing Authority
The federal district court’s decision in DeCambre v. Brookline Housing Authority determined that special needs trust (SNT) distributions could be counted as income in determining Section 8 eligibility. NAELA members Ron Landsman, Esq., CAP, and Emily Starr, CELA, wrote and submitted an amicus brief on the case, with assistance from NAELA member Gregory Wilcox, CELA.

The 1st Circuit acknowledged the work of NAELA, the Special Needs Alliance and the National Housing Law Project regarding regulation § 5.603(b), which states that “’income’ in section 5.603(b) does not include the principal that initially funded the trust.”

DeCambre’s main claim focused on whether the housing authority made an error under the relevant regulations when calculating her income. She argued that SNT monies were from lump-sum payments and thus any SNT distribution was excluded from her annual income.

After again looking at the regulation and considering the parties’ arguments, the court rejected the defendant’s position.

“This does not address third-party trusts, but this is a victory for people with first-party pooled trust accounts or relatively modest individual special needs trusts. It means that drawing down principal and distributing it from the trust or trust account is not income for rent calculation purposes. The rare person with a really large special needs trust account who has substantial income from the trust — interest, dividends, realized capital gains — will have all of that counted for rent purposes,” said Landsman.

View the case ruling.