Update on Prosecutorial Discretion
In March of 2011 the Bureau of Immigration and CustomsEnforcement (“ICE”) within the Department of Homeland Security(“DHS”) outlined a new set of priorities for the apprehension,detention and removal of aliens. These priorities are basedon the concept of “prosecutorial discretion,” which refers toDHS’ authority to not enforce immigration laws against certainindividuals and groups. Outlined in two…
Family And Medical Leave Act Is Expanded By New Law
In the spring of 1993 then-President Bill Clinton signedinto law the Family and Medical Leave Act (FLMA). Asmost people know, the FMLA provides eligible employeesup to twelve weeks of paid or unpaid leave under certaincircumstances.Early this year, President Bush signed into law theNational Defense Authorization Act for FY 2008 (NDAA).Contained within Section 585 of the…
How to Apply for SSI Money If You or Your Child Has a Disability
WHAT IS SSI?Supplemental Security Income (SSI) is a program that givesmoney and services to people who are blind or disabled.Children who are disabled under age 18 may be eligiblefor SSI if their family’s income is low, if they have high medicalbills, and if they have few assets. When and application ismade for a child under…
Deferred Action for Childhood Arrivals
The Obama Administration announced on June 15, 2012 thatcertain undocumented aliens would be eligible for deferredaction and receive work authorization for up to two years.Among those eligible are certain young people who werebrought to the United States through no fault of their ownas young children and meet several key criteria. Those whodemonstrate that they meet…
Impact the Affordable Care Act (ACA)Will Have on Special Needs Planning
The ACA has a potential positive impact in giving estate plannersanother option to offer clients.The ACA protects the rights of persons with long term physicaland mental disabilities.Persons who were unable to work and pay into SSA, were oftenunable to earn sufficient credits to qualify for Medicare. Due topre-existing condition restrictions, they often were unable topurchase…
“But What About my Dogs and Cats?” Incorporating Concerns for Pets in an Estate Plan
Persons who are disabled, as well as parents of children withdisabilities, have special planning needs which need to beaddressed if the parties are in the midst of a divorce.When a party in a divorce action has a disability or has a childwith a disability who is receiving Supplemental Security Income(SSI) and/ or Medicaid or who…
Special Ed & Middle School: Tips for Parents
The middle school years can be challenging for any child andany family. Students are expected to be more independent,adjust to different teachers for each different subject area and,of course, navigate the maze of social cliques. However, theseyears can present even more challenges for children withdisabilities and their families. We often hear from our clientsabout the…
The ABLE Act – An Overview
The Achieving a Better Life Experience Act of 2014 (“the ABLEAct”) was signed into law by President Obama on December29, 2014. This law has been much anticipated in the disabilitycommunity and has undergone many amendments and changesprior to its passing.Under this new law, states will have the option, beginning in2015, to establish ABLE programs. These…
ALIMONY TAX ISSUES – MAY 2014
The Treasury Inspector General for Tax Administrationrecently issued a report highlighting a compliance gapregarding the reporting of alimony deductions and income.The report noted a significant disparity in the number oftax returns that report deductible alimony payments andthe number of tax returns that report taxable alimonyincome. As the report notes, the number of returns thatreport deductions…