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August 19, 2008

Lawyer Must Pay $1.5M Verdict for Affair With Client’s Wife

The ABA Journal Law News Now reports that the Mississippi Supreme Court has upheld a $1.5 million verdict against a  Mississippi attorney for having an affair with (an later marrying) a client's wife.  Read more . . .

 

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Brookings Institution Paper on Autism Treatment

The Pentagon and Autism

Karen Driscoll and Michael E. O'Hanlon July 02, 2008

Karen Driscoll and Michael O'Hanlon note that Americans are increasingly aware of autism and its effects. Unfortunately, they write, there is still little that is done for most children with the disorder. They argue that the Defense Department has an opportunity to set a precedent and help military families in need by providing funding for treatment and creating a model for other insurers and health plans to follow.

To view the full page, go to:

http://www.brookings.edu/opinions/2008/0702_autism_ohanlon.aspx

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August 15, 2008

Landmark settlement will force Massachusetts to make changes in Medicaid Program

Nearly 2000 individuals with brain injuries will be able to move out of nursing facilities and other institutions under a landmark settlement agreement signed by Massachusetts state officials and attorneys for the plaintiffs. 

The lawsuit was commenced in May, 2007, charging Massachusetts with violating the Americans with Disabilities Act by not providing community services to allow people with traumatic brain injuries and acquired brain injuries who could successfully live in the community to do so.  The individuals who brought the lawsuit had been forced to live in nursing homes or rehabilitative facilities in order to have Medicaid pay for their support and treatment due to the lack of adequate services in their communities.

The settlement, to be implemented by Massachusetts over several years if the federal government and the court approve the settlement, will allow about 200 - 250 people currently residing in these facilities unnecessarily to me moved into community facilities.

The article in the ABA Journal Law News Now can be found by clicking here. The Massachusetts Brain Injury Association's press release can be found by clicking here.


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August 08, 2008

UNITED HEALTHCARE CHILDREN'S FOUNDATION MAKES GRANTS FOR GAPS IN MEDICAL COVERAGE

        UnitedHealthcare Children's Foundation provides grants up to $5,000 for families who have children with unmet medical needs because of a gap between the medical need and the benefits provided by a family's commercial medical insurance.

       These grants can be used to provide payments to service providers for health care services such as speech therapy, physical therapy, occupational therapy, prescriptions, and medical equipment.  Parents and guardians may apply for these grants by completing an online application at the Foundation's web site.

    

    Family income guidelines allow adjusted gross incomes (from your 2007 IRS income tax return) of up to $20,000 per person.  The limit for a family of four, for example, is an adjusted gross income of up to $80,000.

       To see if you qualify for these grants, click here.

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July 24, 2008

USE CAUTION WITH SOCIAL SECURITY ONLINE SERVICES

            Tuesday I posted a message with information about the Social Security Administration’s new benefits’ estimator and other online services.  Use these new tools, but use them with caution.  Assume that the “bugs” haven’t yet been worked out of the system, and DO NOT make any critical decisions based upon these new tools.

I spoke with an old friend Tuesday night who used to work for Social Security.  As we were discussing my message, he commented that it would probably take a good two years before all of the bugs got worked out of the online system.  You can apply for benefits online, he said;  but if you don’t talk to a live social security representative, you can wind up making binding decisions that are not in your best interest.  And worse, SOCIAL SECURITY DOESN’T CARE!

A representative can talk with you to explore options you may have, such as applying for spousal benefits first and applying for retirement benefits later.  Or a representative can help you determine  entitlement to other benefits, e.g., divorced widow or widow's benefits and then determine what benefit to take first. You can not get this help on-line.  A representative can help you determine the costs and benefits of applying for retirement benefits at age 62 or normal retirement age or age 70.  A representative can advise you about applying for Disabled Adult Child benefits, something most people haven’t even heard about (unless you’ve been reading my blog).  The online application leaves these decisions solely up to you, and if you make a mistake, you’re stuck with it.  


        So, what to do?  When you think you are ready to apply for some type of benefit, call the Social Security Administration’s toll-free telephone number, 1-800-772-1213.  Make an appointment for a personal telephone call from a representative, and be prepared to ask questions.   You need to be  assertive and ask that you be considered for all benefits.  Find out what benefits may be available to you now and at Full Retirement Age (FRA).  Make sure you find out if continuing to work will reduce your benefits and when you can earn an unlimited amount of money without suffering a reduction in benefits.

Use the online tools to gather information, seek out options, and prepare yourself to ask questions that will draw out as much information as possible from the representative.  This way, you will have the best chance of maximizing your return on the social security investment you, your spouse, or your parents have been making over many years.

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July 22, 2008

Continuing Terrorism by Palestinians in Jerusalem

The following is an article from Reuters News by Rebecca Harrison at about 5:30 pm Jerusalem time, today, July 22:

By Rebecca Harrison 

JERUSALEM (Reuters) -
A Palestinian rammed a bulldozer into vehicles on a busy Jerusalem street on Tuesday, ahead of a visit by U.S. Democratic presidential candidate Barack Obama, and wounded 16 people before being shot dead.

The attack, just down the road from the hotel where Obama was  to stay, was the second such incident in Jewish west Jerusalem in three weeks.

"Today's bulldozer attack is a reminder of what Israelis have courageously lived with on a daily basis for far too long," Obama told a news conference in Amman. "I strongly condemn this attack and will always support Israel in confronting terrorism and pursuing lasting peace and security."

Obama, who was to fly to Israel later in the day, said his "thoughts and prayers go out to all who were injured, and to their families."

The attack occurred while Israeli President Shimon Peres hosted Palestinian President Mahmoud Abbas at his official residence less than a kilometer (half-mile) away.

Israeli officials said the driver was a Palestinian from a village in an area of the occupied West Bank that Israel considers part of Jerusalem. Its residents have freedom of movement throughout the city and Israel.

"The bulldozer driver left a construction site, and hit two cars," a police spokesman said. "A civilian who saw what was happening, shot him. The bulldozer continued on its way. A border police patrol ... continued to shoot and the terrorist was killed." 

The bulldozer also hit a bus.  Emergency services said at least 16 people were wounded, one seriously. After the attack, police set up a cordon around the yellow bulldozer and the slumped body of the driver inside.

"This was another attempt to murder innocent people in a senseless act of terrorism," said Mark Regev, a spokesman for Israeli Prime Minister Ehud Olmert.

There was no immediate claim of responsibility. The attack was praised by Hamas Islamists in the Gaza Strip as "a natural reaction to the crimes of the (Israeli) occupation."

Abbas, whose Fatah faction lost the territory to Hamas in fighting a year ago, told reporters he "condemned and rejected" the attack and said such incidents "hurt our reputation and peace in general."

TIGHT SECURITY

Obama, scheduled to hold talks with Israeli and Palestinian leaders on Wednesday, was due to stay in Jerusalem at the King David Hotel, less than 200 meters (yards) from the scene of the attack. Police said they had no immediate evidence to suggest it was linked to the visit.

The area is one of the most heavily guarded in a city hit by multiple suicide bombings during a Palestinian uprising that began in 2000.

A bulldozer attack in Jerusalem on July 2 killed three Israelis. Its Palestinian driver, a resident of Arab East Jerusalem, was shot dead by an off-duty soldier and police.

Tuesday's attack coincided with the first visit by a Palestinian president to Israel's official presidential residence.

"I am full of confidence the problems will be resolved," Peres said  after a red-carpet greeting for Abbas, who is engaged in statehood negotiations with Olmert that have shown little sign of progress.

"I feel both sides believe there is no alternative to peace," Peres said.

Senior Palestinian negotiator Saeb Erekat said before the meeting that Abbas would seek Peres's help to halt "settlement expansion that is undermining peace talks" that began at a U.S.-hosted conference in Annapolis, Maryland last November.

In his remarks at the presidential residence known as Beit Hanasi, Abbas said: "Despite the passage of time, despite difficulties and obstacles, there is an end to this long conflict."

Peres said he hoped to reassure Abbas that Israel remained committed to the U.S.-brokered negotiations despite a political crisis revolving around corruption allegations against Olmert that could lead to an early election.

The United States hopes for a Palestinian statehood deal before President George W. Bush leaves office in January.

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Social Security unveils new benefits calculator


       The Social Security Administration has unveiled a new retirement benefit estimator.  It takes about 5 minutes to enter personal and financial information, and the estimator will generate a Retirement Benefit Estimate for retirement at age 62, at full retirement age, and at age 70.  You will only need to know last year's wages (plus any self-employment income) to obtain your estimate.  You can use the Retirement Estimator if:

Use the Benefit Estimator.

       The Social Security Administration also has an easy to use program to help you find out about benefits for which you may qualify.  It asks you a series of questions to determine what program might provide you with benefits. 

Use the Benefits you qualify to receive program.

       Finally, the Social Security Adminsitration has a new website, http://www.socialsecurity.gov/.  It appears to be user friendly and is a great source of information.

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July 18, 2008

IMPORTANT TAX TIPS FROM THE IRS: KEEPING GOOD RECORDS & MORTGAGE WORKOUTS


Keeping Good Tax Records 

In a tax emergency, would you be ready? Well–organized records not only help you prepare your tax return, but they also help you answer questions if your return is selected for examination or prepare a response if you are billed for additional tax. Fortunately, you don’t have to keep all tax records around forever. Normally, tax records should be kept for three years, but some documents — such as records relating to a home purchase or sale, stock transactions, IRA and business or rental property — should be kept longer.

Publication 552, Recordkeeping for Individuals, provides more detailed information on individual record keeping requirements.

Publication 583, Starting a Business and Keeping Records, and Publication463, Travel, Entertainment, Gift, and Car Expenses, provide additional information on required documentation for taxpayers with business expenses.

These publications can be downloaded from IRS.gov or ordered by calling 800-TAX-FORM (800-829-3676).

Actually, there is a wealth of free tax information on the IRS Web site, IRS.gov.  It’s not just about recordkeeping. Individuals and businesses can find answers to almost any question about federal taxes on the web site. Helpful links found at the top of the home page will take you directly to topics  centered on Individuals, Businesses, Charities and Non-Profits, Government Entities, Tax Professionals, the Retirement Plan Community and Tax Exempt Bonds.

In addition to the latest news coming from the IRS, the homepage can lead you to statistics, news releases and tax tips, local IRS offices, the Taxpayer  Advocate Service, and thousands of IRS forms and publications. Frequently asked questions and answers are available or you can use two separate search icons: one by keyword and one by answering “I need to . . .”

Why wait? Summertime is a great time to visit IRS.gov.

Remember that for the genuine IRS Web site be sure to use .gov. Don't be confused by internet sites that end in .com, .net, .org or other designations instead of .gov. The address of the official IRS governmental Web site is www.irs.gov.

Links:


COMMENT:   Medicaid requires five years of tax records for some purposes.  So, keep all your records for five years, not just three.

Mortgage Workouts, Tax-Free for Many
Homeowners

There is now tax relief for struggling homeowners. If your mortgage debt is partly or entirely forgiven during 2007, 2008 or 2009 you may be able to claim special tax relief by filling out Form 982 and attaching it to your federal income tax return for that year.

Normally, debt forgiveness results in taxable income. But under the Mortgage Forgiveness Debt Relief Act of 2007, you may be able to exclude from tax up to $2 million of debt forgiven on your principal residence. The limit is $1 million for a married person filing a separate return.

Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, may qualify for this relief. The debt  must have been used to buy, build or substantially improve your principal residence and must have been secured by that residence. Debt used to refinance qualifying debt is also eligible for the exclusion, but only up to the amount of the old mortgage principal, just before the refinancing.

Debt forgiven on second homes, rental property, business property, credit cards or car loans does not qualify for the new tax-relief provision. In some cases, however, other kinds of tax relief, based on insolvency, for example, may be available. See Form 982 for details.

If your debt is reduced or eliminated you will receive a year-end statement (Form 1099-C) from your lender. By law, this form must show the amount of debt forgiven and the fair market value of any property given up through foreclosure.

The IRS urges borrowers to check the Form 1099-C carefully. Notify the lender immediately if any of the information shown is incorrect. You should pay particular attention to the amount of debt forgiven (Box 2) and the value listed for your home (Box 7).

For more information about the Mortgage Forgiveness Debt Relief Act of 2007, visit the IRS Web site at IRS.gov. A good resource is IRS Publication 4681, Canceled Debts, Foreclosures, Repossessions and Abandonments. This publication and Form 982 can be downloaded from IRS.gov or by calling 800-TAX-FORM (800-829-3676).

Remember that for the genuine IRS Web site be sure to use .gov. Don't be confused by internet sites that end in .com, .net, .org or other designations instead of .gov. The address of the official IRS governmental Web site is www.irs.gov.

Links:

  • IRS Publication 4681,
    Canceled Debts, Foreclosures, Repossessions and Abandonments (PDF)
  • Form 982, Reduction of
    Tax Attributes Due to Discharge of Indebtedness (PDF)
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July 11, 2008

SOME AUTISM MAY BE CONNECTED TO "CUSTOM SET" OF DEFECTIVE GENES

        An article published on SunHerald.com, yesterday, reports genetic researchers have found that some people with autism have a genetic disorder that prevents their brains from properly forming new connections.  This interferes with the learning process, because, in many cases, the genes are not missing; they are just stuck in an "off" position.

       The author of the article, Lauran Neergard, quotes Dr. Christopher Walsh, chief of genetics at Children's Hospital Boston:  "Almost every kid with autism has their own particular cause of it."  At the same time, Dr. Walsh noted that only about 15% of the cases of autism have a known genetic cause.

       Click here to read the article in full.



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PENNSYLVANIA JOINS GROWING LIST OF STATES MANDATING TREATMENT COVERAGE FOR AUTISM

        Pennsylvania Governor Ed Rendell signed into law the most comprehensive autism insurance bill in the nation [July 10th.] The new law provides $36,000 a year for Applied Behavior Analysis (ABA) and other necessary treatments, and goes beyond many state insurance reform measures by mandating coverage up to age 21 with no lifetime cap. It also creates, for the first time under Pennsylvania law, an expedited appeals procedure for denied claims as a safeguard to ensure compliance by insurance providers. Private insurers will be required to provide coverage beginning in July 2009. Autism insurance reform legislation has now been enacted in eight states across the country, with many  others currently considering legislative action. Read more about the Pennsylvania law here.

From Autism Speaks newsletter of July 11, 2008

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July 08, 2008

ADVANCED EARNED INCOME TAX CREDIT

       On Monday, the Internal Revenue Service issued "Summertime Tax Tip 2008-01."  This tax tip advises taxpayers who qualify for the earned income tax credit that they may start receiving their tax credit now, rather than waiting until they file their 2008 federal income tax returns.

       Taxpayers who think they may qualify can review the instructions to Form W-5 and file Form W-5 with their employers to start receiving the advance earned income credit each pay period.

       For more information and a link to a Form W-5, click here.

Paul's Comment:  BEWARE! 

        Many taxpayers expect and plan for refunds when they file their yearly tax returns.  If you get it now, you won't get it again later.  There's nothing wrong with taking it now, as long as you budget for it.  After all, not taking it now, as well as having too much tax taken out of your paycheck, is simply an interest-free loan to the government of your money. 

        The advantage of not taking it now and continuing to have too much tax withheld from your paycheck is that it will be available next year. The safer the investment, the less return you get.  Lending money to the government this way is the safest investment you'll probably ever get.  That's why you don't get any return on your investment.

       In short, think before you act.  Decide what's best for your particular situation.  Then do it.

      


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NEWS FLASH: AMERICAN MEDICAL ASSOCIATION DECIDES REPUBLICANS MAY NOT SERVE THE BEST INTERESTS OF THE ELDERLY

       Recently, the Senate refused to postpone the pending 10% cuts in Medicare payments to doctors and others.  For some totally unexplained reason, this apparently upset the American Medical Association.  As a result, the AMA has begun running advertising naming Republican Senators running for re-election who refused to vote to postpone the Medicare cuts, suggesting that these Senators are more interested in protecting insurance company profits (and possibly campaign contributions (?)) than ensuring that the elderly receive prompt and proper medical care.

Read More about this.

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June 26, 2008

IRS ALLOWS TAXPAYERS BIGGER MILEAGE DEDUCTION FOR SECOND HALF OF 2008

In recognition of the drastic increase in the cost of operating an automobile,  the Internal Revenue Service announced on June 23, 2008, that it was increasing the optional standard mileage rate it would allow for business use of a taxpayer's automobile by 8 cents a mile.  Any taxpayer using the business standard rate to calculate the deductible cost of using one's automobile for business will use 50.5 cents per mile for the first six months of 2008 and 58.5 cents for the second six months of 2008.

The IRS similarly will increase the allowance for medical or qualified moving expense use of one's automobile an additional 8 cents per mile from 19 cents per mile for the first six months to 27 cents per mile for the second six months.  There will be no change for the mileage allowance for the use of one's automobile for charitable purposes, as this figure is set by statute and not by the IRS.

A chart reflecting the IRS announcement is reproduced below:

                                Mileage Rate Changes

Purpose                  1/1/08 -  6/30/08         7/1/08 - 12/31/08
Business                          50.5                                       58.5       
Medical/Moving               19                                           27         
Charitable                         14                                            14        


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June 25, 2008

HOW MANY IEP MEETINGS DOES IT TAKE TO CHANGE A LIGHT BULD?

With apologies to the 50 or so of you in the United States to whom this doesn't apply, I reproduce a very sad hypothetical account of professionals involved in special education in this country that has been circulating among parents concerned about the education of children with disabilities:

If IEP team members were asked "How many IEP meetings does it take to change a light bulb," this is what [the author] imagines they might say:

Parent - "The light bulb is not the only thing that's burnt out."

General Education Teacher - "No one said I was going to have to teach changing light bulbs."

Case Manager - "If you hadn't wanted so many hours of service in that room, maybe the light bulb wouldn't have burned out."

Transition Coordinator - "I think they cover that in life skills."

Special Education Teacher - "We don't need a light bulb, it's not like they're reading or writing."

Special Education Director - "We'll have to just keep changing his placement until we find a room that has a light bulb."

Resource Teacher - "The side benefit is that we'll have to bring them up from the basement."

Teaching Assistant - "We don't really need a new light bulb, there's enough light coming off the television."

School District Attorney - "The regulations don't require light in the timeout room."

Dean of Discipline- "Is there supposed to be a light in the time-out room?"

Assistive Technology Team - "First, we have to determine that the light bulb's really burnt out and then we can trial a flashlight."

School Nurse - "I don't know how many it will take to change the light bulb, but all the special ed children will have to go home until we do."

Secretary at the meeting - "O.K. then, how many minutes of light are we allotting in the IEP?"

Special Education Director - "We are willing to provide nightlights and maybe open the door a crack; we feel this is more than educationally appropriate and all Rowley requires."

Teacher - (Sobbing) "What do you people expect from us anyway!"

Parent - "I don't understand why you're being so difficult, it's not like we're asking for a chandelier."

School Psychologist - "The children are just lazy. If they really wanted to learn they'd study by candle light like Abraham Lincoln."

Janitorial Custodian - "I'd like to help you, but I'm not a part of the IEP team."

Dean of Discipline - "I'm just here to make sure we write it as 'change the light bulb.' The minute anyone uses the word, 'screw' this meeting is over."

Special Education Attorney - "The light bulb is the least important thing that needs to be changed in that classroom."

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June 23, 2008

PROSTATE CANCER


A dear friend of mine (Best Man at my wedding) sent me the following letter sent to him by a friend of his.  Please consider signing the petition.

Hi

I usually don' t do mass mailings of this type, but as I believe that you know, I was diagnosed with Prostate Cancer in 1999 and have been through a whole panoply of treatments from surgery to radiation to ADT (chemical androgen deprivation therapy).   While advances have been made in improving the quality of life with the disease or prolonging life at end stage (from my perspective, only incrementally), there is no cure for recurring Prostate Cancer.  There are many areas of active research for finding a cure but they are woefully underfunded, often excruciatingly slow to get approval for testing much less for FDA approval for treatment.  As they say, "time is a wastin'".
 
Unlike the public awareness in other kinds of cancer, Prostate Cancer just hasn't received the attention it deserves, despite its high incidence and its high rate of mortality.   Men just haven't been good advocates for themselves.  I suppose that is because it has been considered kind of a "guy thing"  and we know, guys don't talk about "guy things".  Because of the limited public knowledge about how serious and deadly this disease is, people tend to belittle it and repeat the words that grate on my nerves so much, "Oh, you will die with the disease and not from it".   That  is only true if you are diagnosed at 70 or 80 years old but not if diagnosed in your 50's. 
 
Prostate Cancer matches up with breast cancer in incidence and mortality but there is no denying that because of its lower public profile, it has not received the public and governmental attention that breast cancer has.   In no way, am I asking to divert money from breast cancer research.  Heaven forbid!   I would never want to do anything but increase the research funding for finding a cure for breast cancer, or for any other kind of cancer, whether it be colon cancer, lymphoma, lung cancer or any of the dreaded "C's".  What I do want to see is things move faster and better for government funding of Prostate Cancer research.
 
So, why am I writing to you?   Well you can relax.  I am not asking you for money for research or for any other reason.   I just want to raise the profile of this dreaded disease among my family and close friends, not for me but for you men (including our sons) who are receiving this and for you women who love them.  I want there to be an effective cure for this disease in the lifetime of the next generation.   While I am not asking for donations, I am asking you to do two things.  

First, I want you to read, sign and send in the petition attached to this email. ( If you cannot open it, cut and paste this to your explorer: http://www.prostatecancerpetition.org/

Second, please send it to anyone you are comfortable sending it to, asking them to also sign and send in.


The government will respond if enough people tell it that this is something that we can and must do. Let's make that happen with this small but significant start. 

Thank you, from the bottom of my heart.
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June 12, 2008

EXPERIMENTAL ALZHEIMER'S DRUG CALLED ASTONISHING

    An article in the journal Nature reports promising results in the search for an effective treatment of Alzheimer's, but its use in humans is yet years away.  For more information, click here.

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May 30, 2008

MORE ON ALEX BARTON FROM CBS NEWS

        Harry Smith is doing a wonderful job keeping this situation before the public.  He had Melissa Barton and Alex, along with Dr. Jed Baker, an expert on autism, on The Early Show, today.  Click on the link below to see today's interview.  If you haven't yet seen the earlier interview, you can see it at this link, as well.


        SUGGESTED ACTON:    A.  Let CBS News and Harry Smith how much you appreciate his sensitivity to this subject and keeping it in the public's eye.  At the bottom of the CBS page, there is a "Contact Us" link.  Send them a message of support.

                                      B.  Contact your state department of education and your local school board to insist that all teachers, administrators, aides, and other support staff be required to receive appropriate training about training about the educational and behavioral supports special needs children must have, whether in a special education class or in an integrated class.

                                     C.   Contact your state and federal legislators to encourage them to pass laws requiring that the above training be made a requirement in all public and private schools in the state or country.

                                     D.  Let your friends and acquaintances know that you care and want their support, as well.        Thank you. Paul

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ALEX BARTON -- THE FIVE YEAR-OLD VOTED OUT OF CLASS -- REVISITED

    The CBS Morning Show interviewed Alex's mother, and the interview is available to watch.  (See the link at the end of this post.)  I strongly recommend watching this interview, then sending links to my blog to everyone you know.  The response of the school is truly amazing, as is the response of many, many people who don't see anything wrong with what the teacher did. 

    For example, one person commented: "when a special needs child is holding back the rest of the class from learning, then it is time to remove that child from being 'main streamed'."

    Another person agreed and commented:  "This 'poor kid' was already known to have been special needs. (sic)  He should not have been in the normal classroom to begin with. Yes, I agree, the
method was a bit thoughtless. The truth of the matter is that the child should have been in a classroom for special needs where he could be better cared for and the other children''s educations would not be
impeded.

"Suggesting a lawsuit is ridiculous. Having your feelings hurt is a part of life. Grow up and stop hiding behind the judicial system."

COMMENT BY PAUL:

   
We who are parents of children with special needs live with these kinds of ill-informed attitudes all the time.  Children with special needs are all too often viewed as inconvenient, not really entitled to take up space in "real" classrooms.  That's why most of our freedoms and civil rights need to be protected by the federal government through federal legislation and federal enforcement.  Our freedoms and civil rights are simply too important to be left up to the whims of local governments.

http://www.cbsnews.com/stories/2008/05/27/earlyshow/main4130288.shtml

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May 27, 2008

SUPREME COURT HOLDS RETALIATION CLAIMS VALID UNDER ADEA AND SECTION 1981

     The Supreme Court today held that a worker can pursue a claim of retaliation based upon age discrimnation in Gomez-Perez v. Potter.  In a 6 - 3 decision with Justice Alito writing for the majority (Justices Roberts, Scalia, and Thomas dissenting), the Court held that the Age Discrimination in Employment Act protects against retaliation, even though the specific language of the ADEA does not discuss or forbid retaliation.

     In CBOCS West v. Humphries, Justice Breyer wrote for the 7 - 2 majority (Justices Scalia and Thomas dissenting) that Section 1981 can be used to support a retaliation claim by a worker claiming retaliation based upon race discrimination, again; even though Section 1981 does not address retaliation.

     Thanks to the ABA Journal Daily Newsletter whose article contains links to the opinions of both cases and which can be found at http://www.abajournal.com/news/supreme_court_rules_for_workers_in_two_retaliation_cases/.

May 22, 2008

SUPREME COURT REFUSES TO REVIEW INVOLUNTARY MEDICATION CASE

    Always a touchy subject and one that brings out great passions on both sides, involuntary medication treatment was ordered by a court in order to try to restore a criminal defendant to competency to stand trial.  The shocking nature of the crimes charged aside, the issue of whether a criminal defendant has a constitutional right to refuse psychotropic medication is an interesting one. 

    Thousands of law review pages have been written on the subject.  Some authors argue that psychotropic medication is too dangerous to force anyone to take involuntarily.  Others, myself included, have argued that the advancements of recent years have rendered that argument nugatory.  Also, many continue, society has a right and, indeed, an obligation to help those too ill to make informed consent decisions about treatment receive appropriate treatment to help them get better, even when that means having to stand trial for an alleged criminal act.

    This could have been a breakthrough case with the Supreme Court speaking authoritatively about which side has today's correct view of the constitution.  I'm sorry that the Court blew this one.

    Thanks, again, to the ABA Journal Daily Newsletter for bringing this to our attention.  http://www.abajournal.com/news/supreme_court_wont_hear_accused_kidnappers_forcible_medication_appeal.


JERRY SPRINGER -- COMMENCEMENT SPEAKER AT NORTHWESTERN LAW SCHOOL

Once again the ABA Journal Daily Newsletter brings us interesting information about the law.  Jerry Springer, once a serious candidate for Congress, a former Mayor of Cincinnati, a former news anchor, who developed a somewhat questionable public persona, was invited to be the commencement speaker at Northwestern University Law School.  Some students at the law school protested the invitation,  of Springer, a 1968 graduate of Northwestern Law.

Springer, an excellent orator in the Bobby Kennedy mold, captivated many of the law school graduates with his speech.  The article quotes a Kennedy-like portion of Springer's address:

"It is perhaps inevitable that we are inclined to always be judging others. But let me share this observation. I am not superior to the people on my show—and you are not superior to the people you will represent. That is not an insult. It is merely an understanding derived from a life spent on the front lines of human interaction. We are all alike. Some of us just dress better—or have more money—or perhaps we were born into better circumstances of parental upbringing, health, brains and luck."

Something for all of us to think about, not just lawyers.

The blurb, with links to the full text of Springer's address, can be found at:http://www.abajournal.com/news/jerry_springers_words_of_wisdom_win_over_skeptical_nu_grads

May 21, 2008

U. S. CURRENCY VIOLATES REHABILITATION ACT

The United States Court of Appeals for the District if Columbia Circuit, one of the most prestigious courts in the country, yesterday (May 20) affirmed a district court ruling  that the "failure to design and issue paper currency that is readily distinguishable to the visually impaired violates section 504 of the Rehabilitation Act, 29 U.S.C. section 794."  The Court of Appeals held that the Treasury Department could make reasonable accommodations for the visually impaired as is done in Europe.  The decision, American Council of the Blind v. Paulson, No. 07-5063, was reported by the American Bar Association Journal Daily Newsletter, and can be found by clicking the link below. http://www.abajournal.com/news/dc_circuit_says_paper_money_discriminates_against_blind

May 15, 2008

7th Circuit Upholds $30K Jones Day Sanction, Applies Rule 11

Although the sanction is probably comparable to fining Microsoft $100,000 for antitrust violations, it's still a start.

Read the article from the daily ABA Journal Law News Now.

SOCIAL SECURITY DISABLED ADULT CHILDREN BENEFITS

I received a call the other day from the sister of an adult brother who has had a disability since birth.  She wanted some information about establishing a special needs trust for her brother.  While talking with her, it became apparent to me that her brother would probably qualify for the Disabled Adult Child (DAC) Social Security benefit. The criteria for receiving DAC benefits are:

1)  A parent is receiving social security benefits;

2)  The adult child was disabled prior to his/her 22nd birthday; and

3)  The adult child is determined to be "totally" disabled according to social security criteria.

(An adult child can earn up to $940 a month and still be considered totally disabled.)

I have previously written about the Disabled Adult Child social security benefit, but I think the message needs to be repeated periodically.  I did a search for "Disabled Adult Child" last night.  On one of the web sites, the "expert" writing about the DAC benefit had the "disabled before age ___" incorrect.  In speaking about special needs trusts and attending other's presentations on special needs trusts, I find that few lawyers are aware of the DAC benefit, and, of course, fewer people in the disability community are aware of the benefit.

If you would like to read more about the Disabled Adult Child social security benefit, go to the source, the social security web site, by clicking here.  You can also find valuable information about working yet qualifying for benefits by opening this .pdf file. Download dac_benefit_page_2.pdf

Please feel free to contact me with any questions you may have by sending me an email at info@paulnidich.com.

Sincerely,

Paul

http://www.specialneedslawyer.biz

April 29, 2008

IRS PUBLISHES SCHEDULE FOR ECONOMIC STIMULUS PAYMENTS

The IRS has published a schedule for sending Economic Stimulus payments to taxpayers who filed their returns by April 15.  See IRS.

April 23, 2008

SOUTH CAROLINA JOINS OTHER STATES REQUIRING INSURANCE COVERAGE FOR AUTISM

Story Highlights


Most medical insurance policies generally don't cover autism treatment.  One lawyer-mom whose son has autism decided to fight for coverage. She wrote a bill requiring insurers to cover treatment, got other parents to help lobby.  "Ryan's Law" takes effect in July in South Carolina; 2 other states have similar laws. 


By Justine Redman, CNN

For the complete article, click here.

P.S.  See my April 1st post about Arizona.

Thanks to Ryan's mother, Lorri Unumb, for posting this.

April 09, 2008

WHAT DOES THE WORD "PEOPLE" MEAN?

The American Bar Association Journal publishes a daily news report.  In the April 8, 2008, edition, there is an article about Justice Antonin Scalia's speech at Roger Williams Law School.  Among other things, Justice Scalia commented that he probably would not get confirmed, if he were nominated to the Supreme Court, today.  He is reported as saying:  "The most important thing is whether this person will write the new Constitution that you like.  If the court's rewriting the Constitution, it's an enormously powerful political body -- and its selection will be done in a political fashion."  Later in his speech, Justice Scalia commented about himself, "I am a textualist, I am an originalist, I am not a nut."

Not being a particular fan of Justice Scalia, I wondered what kinds of things were in the Constitution that Justice Scalia opposed being "re-written."   I found two interesting uses of the word "people;" one in the Preamble to the Constitution, and the other in the Second Amendment.  I found the following on the Findlaw website, http://www.findlaw.com.

Preamble

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Let's consider ourselves to be "originalists."  What do we know about the word "People" as was used at the time of the Constitutional Convention?  People did not include women.  People did not include those who did not own property.  People did not include "Indians" who were defined as being 3/5 of a person for census purposes.  People did not include slaves, and most likely all non-White individuals.

As "originalists," let's now look at the Second Amendment, one of the original ten amendments, the Bill of Rights.  "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."   There's the word "people," again.  Can a "textualist" understand the word "people" in the Preamble in the context of the time it was written, yet give a different meaning to the same word while interpreting the Second Amendment, ignoring the contextual usage of the word in late 18th century America?

So, let's examine what "people" meant when the Second Amendment was adopted in light of the meaning of the same word in the Preamble.  People did not include women in the Preamble, so women must not have a Second Amendment right to keep and bear arms. 

People did not include those who did not own property, so anyone who is not a property owner does not have a Second Amendment right to keep and bear arms.  People did not include "Indians," so Native Americans do not have a Second Amendment right to keep and bear arms.  People did not include non-Whites, so no one who is not White does not have a Second Amendment right to keep and bear arms.  Hmmm?

I guess we'll just have to see if Justice Scalia is the textualist/originalist he claims to be or is simply one of those dreaded political creatures he despises so much when the Court issues its next Second Amendment case decision.

To see the ABA Journal article, click here.

 

April 01, 2008

NEW ARIZONA LAW REQUIRES INSURERS TO COVER AUTISM

On March 21, Arizona Governor Janet Napolitano signed into law legislation that requires various health care and insurance providers in the state to provide coverage for autism treatment.  This legislation, House Bill 2847, applies to "Hospital Service" or "Medical Service" corporations;  "Health Care Service Organizations;" Group Disability Insurers; and "Blanket Disability Insurers."

A copy of the legislation and other information can be found by clicking here.

One of the arguments used to deny coverage for autism treatment is the claim that autism is a mental illness, because it is found in the current DSM.  For a fact sheet relating to the federal Mental Health Parity Act, click here.

March 26, 2008

ECONOMIC STIMULUS PAYMENT HELP

Approximately 320 IRS offices will be open on Saturday, March 29th to help those who need help to file a tax return for the sole purpose of qualifying for their economic stimulus pa