The Law and Disability E-Newsletter

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Volume 5, Number 4, October 2008

The Right to Vote

By S. Prior, Esq.

With the presidential election approaching, it is important to consider the

voting rights of people with disabilities. All citizens, regardless of their

condition, who are over the age of eighteen and properly registered have the

right to vote. The mere fact a person has a disability is not an automatic

bar to voting. In New Jersey, there are two leading cases involving the

rights of individuals with disabilities to vote. Both cases were handled by

attorneys at our firm. Click here to read the full article.

Federal Estate Tax: Changes Coming

By Herbert D. Hinkle, Esq. & S. Prior, Esq.

The federal government imposes a tax of approximately 45% on estates

(including the value of life insurance), subject to an exclusion. Although,

transfers between spouses are exempt, regardless of amount. Congress is

expected to address the matter following the coming Presidential election.

See how the results of the election might affect estate taxation. Click here

to read the full article.

Coverage of Autism-Related Services in Pennsylvania

By A. Powers , Esq.

This summer, Pennsylvania enacted Act 62 of 2008 (HB 1150), mandating

coverage by private insurance companies for diagnostic assessments and

treatment of autism spectrum disorders for children and young adults under

the age of 21. Click here to read the full article.

Recent Changes to Special Education Law in Pennsylvania

By Ira M. Fingles, Esq. & Hillary D. Freeman, Esq.

In 2008, the Pennsylvania Department of Education made changes to the

protections afforded to students with disabilities. The most significant

changes involve school districts' obligations regarding behavior in students

with disabilities, and procedures facilitating parents' participation in

their child's education. Click here to read the full article.

Preparing for College

By Hillary D. Freeman, Esq.

The obligations of post-secondary institutions in special education are

quite different from the local high schools. Parents should realize,

however, that the Individualized Education Plan do not transfer to college

and beyond. Click here to read the full article.

Recent Legal Victories

Adult DDD Services

The firm successfully represented a 48 year-old man with autism who had been

living at home with his aging parents and had not been in any state

sponsored services. With very spare records, the firm was able to secure DDD

eligibility for both day and residential services, and arrange guardianship.

Because his family wanted him to continue to live at home, the man is on

DDD's waiting list for residential services and is employed with support

services from DVRS.

Higher Education and Section 504

The firm successfully represented an athlete with a learning disability at a

private college in New Jersey. The athlete had a 504 plan that granted him

additional time for academic work, which occasionally forced him to miss

practices. The team's coach refused to allow him to compete if he did not

attend all practices. In response to the firm's action, the college

developed a new policy to address accommodations for student athletes with

disabilities.

Insurance Coverage for Durable Medical Equipment

The firm recently represented a 17-year-old boy with cerebral palsy and

spastic diplegia who requires special seating mobility. His parents sought

insurance coverage for durable medical equipment - a $12,000 power

wheelchair - because the teen had outgrown his pediatric power chair. The

claim was initially denied, but following a series of appeals by the firm,

the case was referred to the Department of Banking and Insurance, where it

was successfully resolved.

Specialized Educational Services for Autism

The firm successfully represented an 8-year-old girl with autism whose

parents were seeking a specialized out-of-district school placement. The

district argued that it was providing an appropriate program despite the

fact that the student had severe behaviors and lacked an appropriate

augmentative communication device. The firm was able to secure the placement

for the girl, where she has been able to appreciably advance her

communication and other learning skills.

With offices in New Jersey and Pennsylvania, the Attorneys of Hinkle,

Fingles & Prior have years of experience providing

expert counsel and legal services to families of people with disabilities

and seniors. The firm's attorneys have argued many of

the precedent setting cases affecting people with disabilities in New Jersey

and Pennsylvania.

Contact the law office at 609-896-4200 or 215-860-2100.

All material copyright 2008 Hinkle, Fingles & Prior, Attorneys at Law