DISABILITY LAW.
Our partner, MJ, is the mother of twin boys. Because one of her twins has cerebral palsy, MJ knows first hand what it feels to love and care for a child with different, yet exceptional, abilities. She also knows, first hand, how difficult it is to manage the financial needs and caregiving responsibilities that come along with a child's disability. one with a disability, especially because of the complications that arise and is on a mission to provide support and guidance to other parents/caregivers in similar circumstances.
Some of Our Practice Areas
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Government Benefits, i.e. Supplemental Security Income (SSI), Medicare, Medicaid, & Florida Medicaid Waiver Program
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Educational Resources, i.e., Individualized Education Plans (IEPs) & 504 Plans
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Pooled Trusts & Supplemental Needs Trusts (Special Needs Trusts)
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Ongoing Support For Trustees
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Adult Protective Services
GOVERNMENT BENEFITS.
We know first hand how difficult it is to navigate and qualify for government benefits on behalf of a loved one with a disability. Our experienced attorneys can help you understand and counsel you through the processes of Supplemental Security Income (SSI), Medicare, Medicaid, and various Florida Medicaid Waiver Programs. We recognize and appreciate that, despite the standard form application, there is not a one-size-fits-all situation for your unique circumstances.
There are many varieties of Medicaid in Florida. We focus on the Florida Medicaid Institutional Care Program (FMICP) and some of Florida's Medicaid Waiver Programs based on institutional policy, including the following: The Institutional Care Program (ICP Program) assists people who live in Florida nursing homes to fill the gap between monthly income and the cost of the nursing home (which can easily exceed $8,000 per year). The Statewide Medicaid Managed Care for Long Term Care Program (SMMC-LTC) is a waiver program providing long term care services for people who live outside of a nursing home (i.e., those living in an assisted living facility, or living independently at home or with a family member). The Statewide Medicaid Managed Care Managed Medical Assistance (SMMC-MMA) provides healthcare services (not long term care services) through a Managed Care Organization. Our experienced attorneys can help you determine whether you qualify for any of the foregoing Medicaid programs or other programs aimed at lowering out-of-control medical or long term care expenses. You may be surprised to find that Medicaid is an option when you did not think it would be. Navigating these programs is not easy. We are here to help.
MORE ABOUT MEDICAID & MEDICAID WAIVER PROGRAMS.
EDUCATIONAL RESOURCES.
Getting a person with disabilities the assistance they need in the public school system is no easy task, and can often lead to feelings of helplessness and confusion. We have first hand experience in utilizing the educational resources meant to provide that assistance, like the Individualized Education Plan (IEP) and 504 Plan. We have the knowledge, skill, and determination to guide you through these processes so that your loved one is able to thrive and learn in the public school system as they deserve.
INDIVIDUALIZED EDUCATION PLAN (IEP).
Every student with a disability who is eligible for exceptional student education (ESE) services will have an Individualized Education Plan (IEP). An IEP provides special education services and is covered by the Individuals with Disabilities Education Act (IDEA). An IEP includes specially designed instruction for a student and sets annual (12-month) goals to track the students progress. A new IEP is created each year. While this may sound straight forward, it is important to know that an IEP is much more than just a written legal document for a student with disabilities. Rather, it is a roadmap that lays out the entire educational experience of a student with disabilities, including the way in which they will receive instruction, support, and services necessary to progress and thrive in a school environment. For purposes of an IEP, the term "services" refers to specific types of help, like speech or occupational therapy, that a student might need to benefit from education, while the term "support" refers to how and what students learn to help them succeed in school (e.g., extra time on tests, breaks during the day, or using assistive technology). The IEP is decided on by an IEP team during an IEP meeting. The IEP team may include the student, the parents/guardians of the student, a member of the school board, teachers, evaluators, and other persons invited. Because the entire IEP team has a say in the IEP, parents/guardians often feel like their child is not getting necessary accommodations, services, or supports necessary to accommodate their specific needs due to a lack of resources or understanding in the educational system. Our attorneys at Morales & Levine, P.A. have experience in navigating through the hurdles of creating an annual IEP, gathering the right IEP team, and advocating for what a student needs to thrive and excel during IEP meetings and beyond.
504 PLANS.
A 504 plan, like an IEP, is designed to help students with disabilities. A 504 plan is covered by Section 504 of the Rehabilitation Act and focuses on removing barriers so students can learn alongside their typical peers, and providing equal access to education in a typical classroom setting. Because 504 Plans do not include special education classes, they mostly focus on what accommodations and assistive technology is necessary for the students with disabilities to thrive in a typical classroom setting. 504 plans are generally easier to get than IEPs and are less detailed.
POOLED TRUSTS & SPECIAL NEEDS TRUSTS.
Knowing and loving a person with unique and different abilities is one of the greatest sources of happiness in our lives. Sometimes that great feeling of happiness is clouded by the very real thoughts of what will happen when we are not around anymore to provide financial and caregiving needs to our loved ones. While we cannot predict what the future has in store, we can offer you options for the future by drafting and administering Pooled Trusts and Supplemental Needs Trusts (commonly known as "Special Needs Trusts") and providing ongoing support for trustees. These types of trusts enhance quality of life while maintaining much-needed government benefits, such as Supplemental Security Income (SSI), Medicare, and Medicaid. Our experienced attorneys are skilled in drafting and administering both Pooled Trusts and Special Needs Trust to fit your unique circumstances (i.e., to protect a personal injury settlement or properly structure an inheritance) to maximize public assistance and quality of life.
SPECIAL NEEDS TRUST.
A Special Needs Trust is a special type of trust that enables an individual with a disability (the beneficiary) to benefit from the assets held in the trust without having those assets being “counted” for the purposes of determining whether that beneficiary is eligible for governmental benefits such as Medicaid or Supplemental Security Income (SSI). Often times parents or grandparents think that they have to disinherit a family member with special needs so they won’t lose benefits, which is not necessarily the case. Indeed, our experienced attorneys can create and administer a Third-Party Special Needs Trust for your loved one with special needs. This type of trust is for parents, grandparents, family members, and friends of a person with special needs who want to provide support without disqualifying or interrupting government benefits. These trusts can hold, protect and administer “inherited” money for the individual with a disability in a professional, caring, and cost-effective manner.
POOLED TRUSTS.
A "Pooled Trust" bridges-the-gap between basic support and the needs/comfort of a person with a disability (the beneficiary). In a Pooled Trust, the income and assets of an individual with a "disability" (as defined by the SSI) may be managed by a not-for-profit association. Separate sub-accounts are maintained for each beneficiary. Upon the death of a beneficiary, the funds remaining in that beneficiary’s account are retained by the trust if the Pooled Trust agreement so provides. An advantage of the Pooled Trust is that the income and assets of the Pooled Trust are not considered an available resource to the beneficiary for Medicaid eligibility purposes, and therefore, a Pooled Trust can be used in lieu of a Qualified Income Trust (QIT) for eligibility purposes. Another benefit of a Pooled Trust is that it only requires a joinder agreement for new beneficiaries (i.e., once a Pooled Trust exists, a new trust does not need to be created each time a beneficiary wants to join).
ADULT PROTECTIVE SERVICES.
Florida law defines a vulnerable adult as "a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging." In an ideal world, every vulnerable adult would live a dignified and reasonably independent life in the least restrictive environment suitable for their needs. Unfortunately, that is not always the case. The reality is that a vulnerable adult may experience abuse, neglect, or exploitation by others, including those who are supposed to be their caregivers. To prevent these atrocities, there are Florida laws to protect our loved ones. Our attorneys are skilled and experienced in litigating these matters under Florida's Adult Protective Services Act and the Florida Trust Code, among others.
How It Works.
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Schedule a Consultation.
You will be contacted by one of our lawyers who will assess and review your legal situation.
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We Go To Work.
Our Partners and their team will review your options and work with you to develop a customized strategy.
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Achieve Your Goals.
While we cannot guarantee or predict the future, we promise to do our best to get you through this legal hurdle.
Let's Get Social
