Seattle Disability Law

A PUBLICATION OF THE LAW OFFICES OF LARRY A. JONES
JANUARY 2011

LARRY PUBLISHES ARC HISTORY

In the fall of 2010 Larry Jones published his book Doing Disability Justice: 75 Years of Family Advocacy, available on Amazon.com.

For 75 years families have supported each other and advocated for better lives for persons with mental disabilities. The Arc of Washington was the first large family group, but the book also sketches the beginnings of advocacy in other states, which quickly led to the formation of the national organization at mid-century.

In each of the 75 years families have sought emotional support, information, and orientation from each other, and every year since 1936 they have been actively involved in politics. In the last quarter century parents have been joined by the best advocates, adults with disabilities themselves.

National leaders in developmental disabilities including David Braddock, Charlie Lakin, and H. Rutherford Turnbull, as well as by Peter Berns, national executive of The Arc, have praised the book for its portrayal of the humanity and dedication of countless advocates.

Larry is a past president of the Arc of Washington. In 1984 he was chosen the Arc’s National Volunteer of the Year.

Congratulations to Margaret-Lee!

Congratulations to Margaret-Lee Thompson, mother of our staff attorney Christy Thompson Ibrahim. Margaret-Lee was honored with The Arc’s 2010 National “Advocacy Matters!” award that recognizes the best advocate in the country. Way to go!

ALL “PAYBACK” TRUSTS MUST BE AMENDED OR
YOU WILL LOSE SSI AND MEDICAID!

In October 2010 the Social Security Administration made a rare change in the rules governing the kind of special needs trust that holds money belonging to a person with disabilities under age 65. That kind of trust is called a Self-Settled d4A or Payback or OBRA trust. This is the only major change in the regulations since the law was enacted in 1993.

The Social Security Administration says that it will notify every person with such a trust that it needs to be amended within 90 days – or SSI and Medicaid will be lost. There are three changes. First, there must be a payback for Medicaid benefits received if the trust is ended before the beneficiary’s death. Second, the request to terminate the trust must not come from the beneficiary, but from an independent third person, such as a guardian or court. Finally, any trust funds remaining after the Medicaid lien is repaid must go only to the beneficiary.

Your trust must be amended if it contains a phrase similar to: the “State of Washington shall receive an amount equal to the total medical assistance paid on behalf of the primary beneficiary under a State Medicaid plan” at the death of the beneficiary. Please note that a special needs trust in a will is not a payback trust.

We would be happy to make the needed change to your payback trust. Please contact our office for help.

MELANIE SHAFFER: STAR LAWYER

Melanie Shaffer first joined our firm as a law student nearly five years ago. She has added many skills to our firm – which is no surprise given her background.

Melanie received a B.A. in Philosophy (summa cum laude) from Santa Clara University in 1998. She obtained her J.D. (summa cum laude) from Santa Clara University School of Law in 2006. She was awarded the prestigious Order of the Coif, which is reserved for the top students in the top law schools in the country.

Her practice covers the range of our firm’s work. She has been especially active in estate planning and guardianships, but has also led our team in Social Security appeals.

Melanie Shaffer

Special Education Consults

Christy Ibrahim is available for special education consultations. She can review your child's IEP and help brainstorm possible avenues for solving issues. Please call our office to schedule a consult.

The CLASS Act of 2010 Promises
Cash for In-home Long-term Care

The Community Living Assistance Services and Supports Act (the CLASS Act) was enacted by Congress last year. It will provide public long-term care benefits to workers who take a voluntary additional deduction from their wages. The Arc and other disability organizations worked hard with the late Sen Edward Kennedy who led the effort to enact the legislation. Younger workers with disabilities should particularly benefit from the law.

A cash benefit will be paid out as warranted by the overall premiums paid, the percentage of workers who participate, etc. The Congressional Budget Office assumed a cash benefit of $75 a day, available once a participant needed help with two to three activities of daily living (eating, bathing, dressing, using the toilet, transferring from bed to chair to wheelchair, continence care) or the equivalent amount of assistance required because of cognitive impairment. The law says the average minimum benefit must be at least $50 a day, a figure that will be adjusted for inflation.

You must have worked at least three years and have paid premiums at least five years before you can get assistance. Part-time workers must earn at least $1200 a year.

The CLASS act took effect January 1, 2011. Enrollment may begin in 2013.

Keep up the good work, advocates!
JOIN THE ARC

With the worst cutbacks in public services ever, The Arc needs you this year more than ever! You can join The Arc online, at the national, state or local levels. It’s all one organization: www.thearc.org, www.arcwa.org in Washington state, or www.arcofkingcounty.org in the Seattle area.

Section 811
Supportive Housing Reforms

In December 2010 the “lame-duck” Congress enacted the Frank Melville Supportive Housing Investment Act. Both Republicans and Democrats overwhelmingly supported new assisted housing for persons with disabilities. The Arc was a leader among disability advocates in gaining passage of the law, which makes long overdue improvements to the Section 811 program by:

• Modernizing and simplifying the capital advance program for non-profit sponsors,
   

• Integrating supportive housing for people with disabilities into larger multi-family affordable rental housing developments,
   

• Protecting an existing tenant-based program targeted to people with disabilities, and

Creating an innovative subsidy approach that will allow states to leverage additional capital funds for the creation of new units of supportive housing, such as federal Low Income Housing Tax Credits.

The act also authorizes the expenditure of $300 million for each of fiscal years 2011 through 2015 to implement the act – if those funds are appropriated. Stay tuned.

GUARDIANSHIP LATE FEE INCREASED TO $50!

Our law firm takes its calendaring responsibilities very seriously. Our goal is to help you comply with court schedules and avoid unnecessary fines.

Beginning January 1, 2011, guardians in King County must pay a $50 fine if they are late complying with the court’s schedule. (Other counties may soon adopt the same rule.)

For example, guardians have 90 days after the anniversary date to file a report with the court describing how the money was spent and how the person with disabilities is doing. Any guardian who files a report after the 90 day period will be fined $50.

The penalty applies not just to late guardianship reviews, but to violation of any court deadline, for example, filing the initial Personal Care Plan and Inventory.

our firm from left to right: christine thompson ibrahim, shawna julia, larry jones, elizabeth brownhill*, and jeanette stengel.

*Elizabeth Brownhill has relocated to Oregon where she is now practicing disability law