What can we do for you? We can address your legal issues for your children with special needs whether it is information about Waiver Programs or drafting Special Needs Trusts
If your home was damaged by Hurricane Harvey, start registering with government programs to get assistance.
Carpet from flooded house now in the front yard
For our neighbors who have property damage from #Harvey, 1st – register with FEMA; 2nd – look at qualifying for loan through the Small Business Administration even if you are not a business; and 3rd – contact Texas Health and Human Services (Other Needs Assistance 1-800-582-5233) for help with expenses like moving and storage.
If Hurricane Harvey damaged your house, you might be eligible for rental assistance. Check the following: DisasterAssistance.gov
Federal Emergency Management Agency (FEMA)
Texas Department of Housing and Community Affairs, 1-800-525-0657
US Department of Housing and Urban Development (HUD): Affordable Apartment Search, 866-641-8102
US Department of Agriculture
DOCUMENTS THAT MAY BE NECESSARY
TO PROVE YOUR FLOOD CLAIM
FEMA has identified the following list of documents that your insurance company or FEMA may request that you produce in order to prove your loss:
¨ Your insurance policy and its declarations page;
¨ A copy of everything you sent to your insurance company or to FEMA about your claim;
¨ A copy of the notice you sent to the insurance company or to FEMA that notified them that you had sustained a loss;
¨ A copy of everything your insurance company or FEMA has sent you about your claim;
¨ A copy of the insurance company’s written denial or disallowance, in whole or in part, of the claim;
¨ A copy of the signed, notarized Proof of Loss submitted to the insurance company or to the National Flood Insurance Program, as required in the policy;
¨ A copy of any proof of transmittal of the Proof of Loss. This can be a certified mail green card (return receipt), copy of a fax transmittal showing that the document was successfully transmitted, etc.;
¨ Room-by-room itemized estimates from the adjuster (including contractors’ estimates), detailing unit costs and quantities for the items needing repair or replacement;
¨ Replacement cost Proofs of Loss;
¨ Adjuster’s Preliminary Report;
¨ Adjuster’s Final Report;
¨ Detailed damaged personal property inventories, including approximate ages of the items, purchase price, and replacement cost;
¨ Completed Mobile Home Worksheet;
¨ Mobile home title, including salvage title;
¨ Real estate appraisals, excluding land values
¨ Advance payment information;
¨ Clear photographs (exterior and interior) confirming damage that resulted from direct physical loss by or from flood and loss due to other causes;
¨ Proof that prior flood damage has been repaired;
¨ Elevation Certificate, if the building is elevated;
¨ The community’s determination concerning substantial damage;
¨ Zone determinations;
¨ Pre-loss and post-loss inventories;
¨ Financial statements;
¨ Tax records, lease agreements, sales contracts, settlement papers, deed, etc.;
¨ Emergency (911) address change information;
¨ Salvage information (proceeds and sales);
¨ Condominium association by-laws;
¨ Proof of other insurance, including homeowners or wind policies, and any claim information submitted to the other companies;
¨ Waiver, Letter of Map Revision (LOMR), or Letter of Map Amendment (LOMA) information;
¨ Paid receipts and invoices, including cancelled checks, that support your out-of-pocket expenses pertaining to the claim;
¨ Underwriting decisions;
¨ Architectural plans and drawings;
¨ Death certificates;
¨ Last Will and Testament;
¨ Divorce decree;
¨ Power of attorney;
¨ Current lienholder information;
¨ Current loss payee information;
¨ Paid receipts and invoices documenting damaged stock;
¨ Detailed engineering reports specifically addressing flood-related damage and pre-existing damage;
¨ Engineering surveys;
¨ Market values;
¨ Documentation of Flood Insurance Rate Map (FIRM) dates;
¨ Documentation concerning substantial improvement, including documents that reflect date(s) of construction;
¨ Loan documents, including closings and settlement sheets;
¨ Evidence of insurability as a Residential Condominium Association;
¨ Franchise agreements;
¨ Letters of representation, i.e., attorneys and public adjusters;
¨ Any assignment of interest in a claim; and
¨ Any other pertinent information that your insurance company or FEMA may request in processing a claim.
Obviously, not ALL of these documents will apply to your claim. But as you go through the list you should recognize those that do apply to your claim, and should be aware of those documents that are in your possession. Gather all of the documents that you have that are on this list and keep them together in one file for use as your claim is being processed. It is better to collect them now and put them in a safe place where they can easily be retrieved. It is much better to set them aside now, rather than having to search for them in a panic the day before a hearing or deposition.
Please keep these documents where you can easily get to them in case they are needed on short notice in connection with proving your claim.
The following are questions presented by lawyers trying to help victims of the Hurricane, along with my answers:
Questions presented:
1. Does insurance, specifically FEMA, or the government, recognize a difference between flooding naturally vs. flooding induced by government decisions outside the homeowner’s control, basically picking some homeowners over others through reservoir releases?
Answer to question 1. No.
2. When does FEMA decide to buyout property or issue specific relief for home renovation obligations associated with a natural disaster? A $30k allowance cannot being to cover the cost of damages and many cannot carry a mortgage plus a renovation loan. Any other options out there?
Answer to question 2. FEMA does buyouts whenever it decides to do so. There is no set plan in that regard. The $30,000 figure is for what is called increased cost of compliance benefits. ICC comes into play if the City Engineer issues a written finding that the building was more than 50% damaged due to flood. If so, that triggers an extra $30,000 in benefits payable under the policy to pay toward raising the home to an elevated state. But the $30,000 must still be within the policy’s maximum as stated in the policy. And a maximum policy benefit amount is $250,000 on the building. The policy will cover a detached garage up to $25,000, but that amount covering the garage is included in the maximum policy benefit. In other words, tack on an ICC claim or garage claim, and the maximum amount payable is the policy limit amount. And the maximum policy limit sold under flood insurance is $250,000.
There are no good alternatives, except charity.
3. Many homes cannot be repaired and may be completely gone due to the reservoir releases, not the hurricane. Is there a legal difference for people who planned correctly for a hurricane but could have never anticipated what the reservoir releases would do?
Answer to question 3. For people whose homes flooded not at all due to the storm, but solely because the floodwaters were released from the reservoirs, these people still need to make a flood claim if they have flood insurance. I am discussing the matter with some other lawyers as to whether there are viable claims against the Corps of Engineers for releasing the floodwaters in the manner in which they did. Do not hold your breath on that one. My research on it says NO. But I will get back to you on that. In the meantime, those people whose home flooded solely because of the reservoir dump should just get on with the cleanup and document everything they would anyway for their flood claim. Some top notch lawyers are researching this matter and I will post what their research reveals.
Once your child with special needs comes off a Medicaid Waiver Program list, or becomes eligible for SSI on his or her own, it is of great importance to keep your child’s eligibility for benefits. If SSI is denied or lost, so is Medicaid.
Under certain circumstances, a SSI and Medicaid recipient who loses such benefits may be allowed to temporarily continue to be Medicaid eligible.
As many peaceful public protests are being held around the United States, we have recently witnessed tragedy can strike. The 1st Amendment protects citizens’ rights to peacefully protest, with the limitations that the government can regulate the time, place, and manner in which the protest is conducted. See United States Supreme Court case Ward v. Rock Against Racism.
How else might the government weaken the constitutional rights of peaceful protesters? On July 20th, prior to the horrific events at Charlottesville, Texas Representative Pat Fallon filed proposed legislation to protect motorists who hit demonstrators “blocking traffic in a public right-of-way” if the driver exercises “due care.”
As currently drafted, House Bill 250 would would not lessen criminal penalties for deadly hit-and-runs; however, an injured protester, who was found by a court to have been blocking traffic, would be unable to recover damages in a civil suit against a driver who was found by a court of law to have “exercised due care.”
CHAPTER 72A. LIABILITY ARISING FROM OPERATION OF MOTOR VEHICLE
Sec. 72A.001. INJURY TO PROTESTOR [sic]. (a) A person operating a motor vehicle who injures another person with the motor vehicle is not liable for the injury if, at the time of the injury:
(1) the person operating the motor vehicle was exercising due care; and
(2) the person injured was blocking traffic in a public right-of-way while participating in a protest or demonstration.
(b) This section does not affect a person’s liability for an injury caused by grossly negligent conduct.
This proposed bill will indirectly dilute the 1st Amendment protections of citizens by curtailing their ability to recover damages in the event of a civil lawsuit for medical treatment for fractures, amputations, traumatic brain injuries injury, spinal cord injury, and compensation for rehabilitation, lost income, scarring and disfigurement, pain and suffering. Currently in Texas, we have a type of comparative negligence law for cases involving pedestrians injured by drivers. Texas law allows pedestrian victims to recover for the proportion of fault not assigned to the plaintiff. Texas Rep. Fallon’s proposed bill would take the current law regarding injuries to pedestrians and apply a zero-liability result for drivers when their victims are participants of a demonstration.
We will be a part of a new, fabulous workshop at Houston Community College (5601 West Loop South) in late September through early October. Attorney Leona Filis will be presenting on Estate Planning strategies.
I recently visited a popular job posting site and conducted a search for Special Education Teacher jobs in Houston, Texas. The results were amazing – 221 jobs in Houston waiting to be filled. Why so many? Has the general population not realized the growing need for qualified people to care for our children? Are our SpEd teachers burnt out from the extreme demands placed on them and have moved on? As I prepare to send my son back to school next week, I am relieved to know that his SpEd teacher is still at our school, but what about other schools in Texas?
In December 2015, the No Child Left Behind Act (2002) was replaced with the Every Student Succeeds Act (“ESSA”) with goals set to ensure students not only graduate from high school, but also attend college. In order for this federal Act to succeed, states are encouraged to be innovative accountable for results. According to their website, the Texas Education Agency (“TEA”) will attempt to fully implement ESSA by focusing on four goals: (i) improving our low-performing schools; (ii) tying high school success to a future with college and a career; (iii) getting back to basic reading and math; and most importantly (iv) “recruiting, supporting and retaining teachers and principals.”
As a parent of a child with special needs, your voice should be heard during this planning process. Provide feedback on the key policy decisions concerning your child’s education. We need keep our SpEd teachers from leaving their professions by paying these teachers proper compensation for all that they do every day with our kids. We need to attract additional skilled professionals and paraprofessionals.
ACT NOW – The Texas Education Agency is now accepting comments on the ESSA State Plan until August 29th.
The following is a transcript of a historic event. See the link to the video clip below.
Remarks of President George Bush at the Signing of the Americans with Disabilities Act
Evan, thank you so much. And welcome to every one of you, out there in this splendid scene of hope, spread across the South Lawn of the White House. I want to salute the Members of the United States Congress, the House and the Senate who are with us today — active participants in making this day come true. This is, indeed, an incredible day — especially for the thousands of people across the Nation who have given so much of their time, their vision, and their courage to see this act become a reality.
You know, I started trying to put together a list of all the people who should be mentioned today. But when the list started looking a little longer than the Senate testimony for the bill, I decided I better give up, or that we’d never get out of here before sunset. So, even though so many deserve credit, I will single out but a tiny handful. And I take those who have guided me personally over the years: of course, my friends Evan Kemp and Justin Dart, up here on the platform with me; and of course — I hope you’ll forgive me for also saying a special word of thanks to two from the White House, but again, this is personal, so I don’t want to offend those omitted — two from the White House, Boyden Gray and Bill Roper, who labored long and hard. And I want to thank Sandy Parrino, of course, for her leadership. And I again — it is very risky with all these Members of Congress here who worked so hard, but I can say on a very personal basis, Bob Dole has inspired me.
This is an immensely important day, a day that belongs to all of you. Everywhere I look, I see people who have dedicated themselves to making sure that this day would come to pass: my friends from Congress, as I say, who worked so diligently with the best interest of all at heart, Democrats and Republicans; members of this administration — and I’m pleased to see so many top officials and members of my Cabinet here today who brought their caring and expertise to this fight; and then, the organizations — so many dedicated organizations for people with disabilities, who gave their time and their strength; and perhaps most of all, everyone out there and others — across the breadth of this nation are 43 million Americans with disabilities. You have made this happen. All of you have made this happen. To all of you, I just want to say your triumph is that your bill will now be law, and that this day belongs to you. On behalf of our nation, thank you very, very much.
Three weeks ago we celebrated our nation’s Independence Day. Today we’re here to rejoice in and celebrate another “independence day,” one that is long overdue. With today’s signing of the landmark Americans for Disabilities Act, every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom. As I look around at all these joyous faces, I remember clearly how many years of dedicated commitment have gone into making this historic new civil rights act a reality. It’s been the work of a true coalition, a strong and inspiring coalition of people who have shared both a dream and a passionate determination to make that dream come true. It’s been a coalition in the finest spirit — a joining of Democrats and Republicans, of the legislative and the executive branches, of Federal and State agencies, of public officials and private citizens, of people with disabilities and without.
This historic act is the world’s first comprehensive declaration of equality for people with disabilities — the first. Its passage has made the United States the international leader on this human rights issue. Already, leaders of several other countries, including Sweden, Japan, the Soviet Union, and all 12 members of the EEC, have announced that they hope to enact now similar legislation.
Our success with this act proves that we are keeping faith with the spirit of our courageous forefathers who wrote in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights.” These words have been our guide for more than two centuries as we’ve labored to form our more perfect union. But tragically, for too many Americans, the blessings of liberty have been limited or even denied. The Civil Rights Act of ’64 took a bold step towards righting that wrong. But the stark fact remained that people with disabilities were still victims of segregation and discrimination, and this was intolerable. Today’s legislation brings us closer to that day when no Americans will ever again be deprived of their basic guarantee of life, liberty, and the pursuit of happiness.
This act is powerful in its simplicity. It will ensure that people with disabilities are given the basic guarantees for which they have worked so long and so hard: independence, freedom of choice, control of their lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream. Legally, it will provide our disabled community with a powerful expansion of protections and then basic civil rights. It will guarantee fair and just access to the fruits of American life which we all must be able to enjoy. And then, specifically, first the ADA ensures that employers covered by the act cannot discriminate against qualified individuals with disabilities. Second, the ADA ensures access to public accommodations such as restaurants, hotels, shopping centers, and offices. And third, the ADA ensures expanded access to transportation services. And fourth, the ADA ensures equivalent telephone services for people with speech or hearing impediments.
These provisions mean so much to so many. To one brave girl in particular, they will mean the world. Lisa Carl, a young Washington State woman with cerebral palsy, who I’m told is with us today, now will always be admitted to her hometown theater. Lisa, you might not have been welcome at your theater, but I’ll tell you — welcome to the White House. We’re glad you’re here. The ADA is a dramatic renewal not only for those with disabilities but for all of us, because along with the precious privilege of being an American comes a sacred duty to ensure that every other American’s rights are also guaranteed.
Together, we must remove the physical barriers we have created and the social barriers that we have accepted. For ours will never be a truly prosperous nation until all within it prosper. For inspiration, we need look no further than our own neighbors. With us in that wonderful crowd out there are people representing 18 of the daily Points of Light that I’ve named for their extraordinary involvement with the disabled community. We applaud you and your shining example. Thank you for your leadership for all that are here today.
Now, let me just tell you a wonderful story, a story about children already working in the spirit of the ADA — a story that really touched me. Across the Nation, some 10,000 youngsters with disabilities are part of Little League’s Challenger Division. Their teams play just like others, but — and this is the most remarkable part — as they play, at their sides are volunteer buddies from conventional Little League teams. All of these players work together. They team up to wheel around the bases and to field grounders together and, most of all, just to play and become friends. We must let these children be our guides and inspiration.
I also want to say a special word to our friends in the business community. You have in your hands the key to the success of this act, for you can unlock a splendid resource of untapped human potential that, when freed, will enrich us all. I know there have been concerns that the ADA may be vague or costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We’ve all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation, and we’ve been committed to containing the costs that may be incurred.
This act does something important for American business, though — and remember this: You’ve called for new sources of workers. Well, many of our fellow citizens with disabilities are unemployed. They want to work, and they can work, and this is a tremendous pool of people. And remember, this is a tremendous pool of people who will bring to jobs diversity, loyalty, proven low turnover rate, and only one request: the chance to prove themselves. And when you add together Federal, State, local, and private funds, it costs almost $200 billion annually to support Americans with disabilities — in effect, to keep them dependent. Well, when given the opportunity to be independent, they will move proudly into the economic mainstream of American life, and that’s what this legislation is all about.
Our problems are large, but our unified heart is larger. Our challenges are great, but our will is greater. And in our America, the most generous, optimistic nation on the face of the Earth, we must not and will not rest until every man and woman with a dream has the means to achieve it.
And today, America welcomes into the mainstream of life all of our fellow citizens with disabilities. We embrace you for your abilities and for your disabilities, for our similarities and indeed for our differences, for your past courage and your future dreams. Last year, we celebrated a victory of international freedom. Even the strongest person couldn’t scale the Berlin Wall to gain the elusive promise of independence that lay just beyond. And so, together we rejoiced when that barrier fell.
And now I sign legislation which takes a sledgehammer to another wall, one which has for too many generations separated Americans with disabilities from the freedom they could glimpse, but not grasp. Once again, we rejoice as this barrier falls for claiming together we will not accept, we will not excuse, we will not tolerate discrimination in America.
With, again, great thanks to the Members of the United States Senate, leaders of whom are here today, and those who worked so tirelessly for this legislation on both sides of the aisles. And to those Members of the House of Representatives with us here today, Democrats and Republicans as well, I salute you. And on your behalf, as well as the behalf of this entire country, I now lift my pen to sign this Americans with Disabilities Act and say: Let the shameful wall of exclusion finally come tumbling down. God bless you all.
