The Law and Disability E-newsletter - October 2009

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The Law and Disability E-newsletter - October 2009

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The Law and Disability e-Newsletter is brought to you by Hinkle, Fingles &

Prior, Attorneys at Law; Volume 6, Number 5,October 2009

HF & P now has new offices open in Cherry Hill and Paramus, NJ.

On-Site Guardianship and Estate Planning Offered

By: Herbert D. Hinkle, Esq. and A. Powers , Esq.

Families caring for a loved one with a disability often put vital life

planning on the â?~back burnerâ?T - sometimes until it is too late. Through

a new program, Hinkle, Fingles & Prior makes it easier for families to

attend to critical issues by bringing professional services directly to

them.

On-Site Planning, launched in 2008, is designed to benefit both families and

local provider agencies. A local agency hosts a day-long event for families

who are interested in securing guardianship or establishing an estate plan

with a special needs trust. There is no cost to families or the host agency.

Families register with the host agency for a no cost, private consultation

with an attorney who specializes in disability law. The consultation takes

place at the host agency, eliminating the need for families to travel long

distances. After the consultation, families who wish to proceed with

guardianship, wills or estate planning will be able to do so, but they are

not obligated. If they decide not to proceed, there is no fee for the legal

consultation. If families decide to proceed, they are charged a flat fee for

most services, based upon their needs. They will be informed of these fees

up front.

Hinkle, Fingles & Prior discounts the fee charged to families, and makes a

donation to the host organization.

The firm can also arrange for a professional financial planner to attend,

allowing families to have a no cost, private consultation with a planner

whose work focuses on insurance and investing for individuals with special

needs.

For more information or to arrange an on-site planning day for families

affiliated with your program, please call (609) 896-4200 or (215) 860-2100.

Disability and Marriage

By Herbert D. Hinkle, Esq. and A. Powers , Esq.

Marriage is an especially complicated issue for people with disabilities and

their families. A new article on our site provides some insight into the

issue of marriage and disability, including overcoming guardianship laws

that restrict marriage, the potential loss of Socail Security benefits,

thorny social issues, Special Needs Trust issues, and the question of who

will raise the children. Click here to read the full article.

Which School District is Responsible for Educating Your Child?

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

Sometimes, particularly in situations of divorce or separation, there is a

question of which school district is responsible for educating a student

with a disability. The answer hinges upon the definition of domicile.

The Courts have considered factors that may bear on the determination of

domicile, including primary custody, who pays for the child's necessities

like clothes and medical bills, who consents to the IEP, and more. Click

here to read the full article.

Workshops & Seminars Offered at No Charge

Is your organization or parentâ?Ts group in need of more information about

legal issues that affect children or adults with disabilities? Each year,

Hinkle, Fingles & Prior provides hundreds of workshops, seminars, and

lectures at no charge to parent groups and non-profit organizations. See our

website for a list of popular topics. We can customize any presentation to

meet the needs of your group. For more information, please call (609)

896-4200 or (215) 860-2100.

Recent Legal Victories

DDD Day Program Placement Secured

As a result of the firmâ?Ts involvement, parents of a 26-year-old man with

neurological impairments residing in Essex County obtained funding from DDD

for his day program placement through Real Life Choices.

Medicaid-Funded Medically-Necessary Services Maintained

As a result of the firm's intervention, an 11-year-old boy with multiple

medical issues maintained his Medicaid-funded home-based private nursing

services. Medicaid sought to reduce the boyâ?Ts hours from 12 hours a day to

8 hours daily, against the recommendations of the treating physicians. After

retaining Hinkle, Fingles & Prior, the family appealed the decision.

Medicaid promptly settled the matter and agreed to maintain the boyâ?Ts

private nursing hours at 12 hours per day, 7 days per week.

Federal Court Filing Seeks School's Compliance with Court-Ordered Settlement

Attorneys at the firm were forced to proceed in federal court to compel a

local school district to comply with the terms of a prior court-ordered

settlement agreement entered in a special education case. The parents are

now entitled to recover the attorneysâ?T fees and costs they expended in

securing the Districtâ?Ts compliance with the agreement.

Private Autism Educational Placement Secured

Attorneys at the firm succeeded in securing the placement of a young child

with autism in a school that specializes in educating students with autism

and related conditions. The student had previously attended an in-district

autism class in which she was placed with only one other child whose

condition was much more severe than hers. The District agreed to place the

student into a specialized private placement after a highly regarded expert

retained by the parents opined that the studentâ?Ts in-district placement

was not meeting her needs.

Arc Recognizes Firm as " Partners in Advocacy "

The Arc of New Jersey recently recognized Hinkle, Fingles & Prior with its

" Partners in Advocacy Awards.â? Given in recognition of the firmâ?Ts

longstanding service to the disability community, the award was presented to

the firm at the Arcâ?Ts 60th Anniversary Event. From left to right, S.

Prior, Esq., Bruce Bird, Immediate Past President of the Arc, and Ira M.

Fingles, Esq. S. Prior serves on the board of directors of the Arc of

New Jersey.

PLAN/NJ Honors Herbert D. Hinkle, Esq.

Herbert D. Hinkle, Esq. was honored by PLAN/NJ at the organization's 20th

Anniversary Celebration. Mr. Hinkle was the primary architect of the

legislation to allow community trusts for people with developmental

disabilities, and served as a founding board member of PLAN/NJ.

Hillary D. Freeman, Esq, Appointed to NJLDA Advisory

Hillary Freeman, Esq. has joined the professional advisory board of the New

Jersey Learning Disabilities Association.

Powers . Esq. Appointed to

Easter Seals of South Eastern PA Board

Powers , Esq. has been appointed to the Board of Directors for

Easter Seals of Southeastern Pennsylvania.

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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.

Click here for Attorney Biographies

Contact the law office at 609-896-4200, 201-940-7206, or 215-860-2100.

All material copyright 2009 Hinkle, Fingles & Prior, Attorneys at Law

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