Hickman & Lowder Weblog

The Knowns and Unknowns of Medicaid Application

Monday, 12 June 2017 13:52

knownunknown“…[A]s we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns – the ones we don't know we don't know.”
     - Former Secretary of Defense Donald Rumsfeld

One of the most difficult conversations with our elderly clients and their family members involves explaining how difficult and mysterious applying for and obtaining Medicaid coverage can be if they do so without experienced, knowledgeable counsel. Secretary Rumsfeld’s now famous (or infamous) quote comes to mind as I try to explain what it is that our firm brings to a Medicaid application.

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Avoiding Guardianship Fights Over Your Adult Child with Disabilities

Friday, 02 June 2017 11:22

Guardianship Article PhotoLike many older parents of adult children with disabilities, you are probably concerned about what will happen to your child after you are gone. You may have also done extensive planning to make sure your child’s needs are met. You are comfortable that there is a good team in place when needed. So can you rest easily? Unfortunately, not always.

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Your Elder Years Strategy

Wednesday, 26 April 2017 12:06

 

couple with boatI recently saw two advertisements from companies trying to help people “stop Medicaid from taking your retirement.”  The ads paint a frightening picture and offer advice on how to avoid trouble. Typically, when you read between the lines of these advertisements, you see they’re usually advising you to take one or two strategies: develop some kind of trust, or invest in some kind of financial product. I’m not suggesting that these are bad ideas or that the people sending you these advertisements are bad people. I do suggest that the concern for long-term care is not about buying a product. It’s about establishing a strategy for how you wish to age.

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U.S. Supreme Court Ruling Helps Students with Special Needs

Monday, 17 April 2017 00:00

Judy2On March 22, 2017, the U.S. Supreme Court unanimously held that a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s unique circumstances (Endrew F. v. Douglas County Sch. Dist. 2017 Lexis 2025)  (“Endrew F.”).

This decision represents an increased duty on school districts to provide an educational benefit that is more than merely de minimis as previously defined by the U.S. Supreme Court in Board of Ed of Hendrick Hudson Central School Dis. v. Rowley 458 U.S. 176 (1982) (“Rowley”).

Practically speaking, if a student’s IEP goals are the same year after year, Endrew F. gives authority to argue that the IEP does not offer a FAPE because it doesn’t allow for appropriate progress.

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