People with disabilities often have significant disability-related expenses, including: (a) medical expenses, (b) expenses related to durable medical equipment (DME) such as wheelchairs and hearing aids, (c) accessible transit expenses, (d) in-home care expenses, and (e) service animal expenses. Such expenses can potentially be factored in when assessing eligibility for various means-tested benefits. People with disabilities may also be eligible to create Special Needs Trusts and 529A “ABLE” accounts to protect assets, including settlement payments. While varying legal analysis applies to each of these topics, they are all related to ensuring “financial equity” for clients with disabilities. This two-session training provides an overview of all of these topics.
“Financial Equity” Session 1 will focus on how disability and disability-related expenses can affect three areas of concern: (1) eligibility for means-tested income supports, health care benefits (including In-Home Supportive Services (IHSS)), housing benefits (including Housing Choice Vouchers) and discounts (e.g., public transit discounts); (2) “ability to pay” analysis in assessments of fines & fees, and (3) Fair Labor Standards Act (FLSA) Section 14(c) subminimum wage exceptions. This session includes a discussion of the California Supreme Court’s August 2020 decision in Reilly v. Marin Housing Authority, and its potential implications for various financial equity issues.
“Financial Equity” Session 2 focuses on (1) ways to structure and protect assets, including options for Special Needs Trusts and 529A “ABLE” accounts; and (2) disability-related implications of settlement payments.
Presenters:
Linda D. Kilb, Disability Rights Education & Defense Fund (DREDF)
Jennifer L. Steneberg, The Dale Law Firm (Session 2)