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October is Special Needs Law Month:

In recognition of October as special needs law month, the attorneys at Brinkley Walser wish to share this information for any who may be caring for a disabled child, parent, or who may be facing separation and divorce where one spouse is suffering from a disabling condition.
Based on U.S. census figures from 2000, 19.3% of the country’s population over 5 years of age exhibited some form of long-term disability.1 The disabling conditions reported consisted of sensory disabilities, physical limitations, mental and emotional conditions. Census indicators show that an overall disability rate for young people aged 5 through 15 is approximately 5.75% or 1 out of every 17 children exhibiting at least one of these stated conditions. Statistics from a survey conducted by MetLife, Inc. showed that nearly 9% of parents reported of having a child (including adult children) with a “physical, developmental, cognitive, medical or emotional condition.”2 According to this survey, the following information bears consideration:
• 49% are covered by some form of private insurance
• 41% are covered by Medicaid
• 8.5% of special needs children have no form of health insurance coverage
• Parents spend an average of $326/month on non-covered medical expenses
• 60% of special needs children require some type of medical intervention or administration of meds on a daily basis
• On average, parents of special needs children spend 24 hours/week caring for their child, with 32% of such parents reporting they spend more than 40 hours/week providing such care
• 84% of parents with special needs children have made no provisions for lifetime financial assistance for those children
• 88% of parents with special needs children have not established a special needs trust to maintain public benefits eligibility for their children upon their death
Death and disability of a parent is not the only factor in planning for maintenance of financial independence or public benefits eligibility. Spouses also fail at times to consider the effects of property settlements upon their divorce upon the eligibility of their children or disabled former spouse for public benefits. Special needs children and disabled former spouses bring unique custody, child support, alimony, and asset division questions to the table in a divorce/property settlement situation.
Call the attorneys at Brinkley Walser for advice on special needs issues.
1. Disability Status 2000, Census 2000 Brief, Issued March 2003, US Department of Commerce, Economics and Statistics Administration, US Census Bureau
2. The Torn Security Blanket: Children with Special Needs and the Planning Gap, Executive Summary, April 2005, MetLife.
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