Blog - Helping Families with Kids with Special Needs

International Women’s Day

3/8/2021

Today is International Women’s Day (IWD), let’s reflect on the most influential women in our lives and throughout history. Let’s celebrate the women who have trailblazed and paved the way inspiring the next generation of women leaders.

The theme this year is: #ChooseToChallenge

What does this theme mean to you? How have the challenges from other women affected you?

The International Women’s Day site they defines this year’s theme as:

“A challenged world is an alert world. Individually, we’re all responsible for our own thoughts and actions – all day, every day. We can all choose to challenge and call out gender bias and inequality. We can all choose to seek out and celebrate women’s achievements. Collectively, we can all help create an inclusive world. From challenge comes change, so let’s all choose to challenge.”
https://www.internationalwomensday.com/

The Filis Law Firm hopes all of the women from our clients, team, and community a happy International Women’s Day! #IWD2021

To find out more information about International Women’s Day (IWD) and ways to celebrate amazing women leaders visit:

IWD website: https://www.internationalwomensday.com/
10 Great ways to celebrate IWD 2021: https://bit.ly/3v732pV
100 Famous Women of the 20th century: https://www.thoughtco.com/famous-women-of-the-20th-century-1779903
Google’s IWD Page: https://bit.ly/3csWj1h

Small Business Owners – Get Ready to Ask for PPP Loan Forgiveness

Are you a small business owner who received a Paycheck Protection Program Loan/PPP Loan? I applied, recevied the PPP Loan funds, and spent the money quickly. To be eligible for loan forgiveness, keep the following requirements in mind.

Use the PPP Loan funds for paying payroll – at least 60% of the PPP Loan must be spent on payroll. This includes new and old employees.

Use the PPP Loan funds – up to 40% of the loan, on group health policies, interest payments on a mortgage, rent if the lease was in effect before February 15, 2020, Utility payments for services that began before February 15, 2020, Interest on debt existing before February 15, 2020, and refinancing a EID Loan made between January 31, 2020 and April 3, 2020.

Keep your employee headcount maintained. Avoid a Reduction in Headcount. You may have had to lay people off this year. However, you have until December 31, 2020 get your total headcount for employees as it was between February 15, 2020 and April 26, 2020 to have your headcount considered as being restored. Although the guidelines are not specific about this, you should not count 1099 staff.

Pay your employees earning less than $100,000 per year similar (within 25%) to pre-Covid-19 (as of February 15, 2020) amounts.

Stimulus Checks for SSI Recipients

It was been a long wait, but for many of you the time has come and the federal stimulus checks have been deposited! Some of you who receive government benefits are still waiting and can clink on this link for more information.

For caregivers, guardians, adult children or parents of individuals who receive SSI benefits and are the representative payees (“rep payees”) on bank accounts, you may be concerned about the extra money in your loved one’s bank account and how this money will affect SSI eligibility. Here is some good news – the stimulus $1,200.00 will not affect SSI eligibility. The Social Security Administration (“SSA”) posted on their website that they
“will not consider economic impact payments as income for SSI recipients, and the payments are excluded from resources for 12 months.”

Some of you are Representative Payees for your loved ones want to know what you can do with the stimulus money. Well, SSA and IRS agree, the funds belong to the Social Security or SSI beneficiary. The stimulus funds are not a Social Security or SSI benefit. You as a representative payee should discuss the funds with your beneficiary. If your loved one is the beneficiary and he or she wants to use the funds, then you as the rep payee should give the stimulus funds to them. The rep payee does not have a responsibility connected to the stimulus funds because, as stated above, the funds are not Social Security or SSI benefits. You will not have to include the stimulus funds in your annual accounting.

The hardest part of all this may be in determining how to spend that money on the beneficiary.

Focusing on Families with Children with Special Needs

Enrich Your Life

When I speak with high school students about opportunities for personal and professional growth, number one on my list is being a volunteer or on the board of a non-profit.

Serving on the board of a local non-profit organization can be a rewarding and impactful way to contribute to the community.

Here are a few reasons why it can be a wonderful experience:

Community Engagement: By being on a non-profit board, you gain a deeper understanding of the needs and challenges faced by your local community. This firsthand knowledge allows you to play an active role in addressing those needs and making a positive impact.

Networking Opportunities: Serving on a board exposes you to a diverse group of individuals who are passionate about the same cause. It provides you with networking opportunities and allows you to connect with like-minded individuals, community leaders, and professionals from various fields.

Skill Development: Joining a non-profit board allows you to develop and enhance your skills in leadership, strategic planning, decision-making, fundraising, financial management, and more. These skills can be valuable not only within the non-profit sector but also in your personal and professional life.

Making a Difference: Being part of a non-profit board gives you the chance to make a tangible difference in your community. You have the opportunity to contribute to the organization’s mission, shape its direction, and ensure that it effectively serves the needs of the community.

Personal Fulfillment: Volunteering your time and expertise for a cause you care about can bring immense personal fulfillment. Seeing the positive impact of the non-profit’s work and witnessing the lives it touches can be incredibly rewarding and gratifying.

Currently, I serve on six boards and each non-profit brings additional value to our community.

Visit these non-profits and see if you can donate your time or money to one or more of these worthy causes.

Autism Moms of Houston

https://www.autismmomsofhouston.org/

https://www.autismmomsofhouston.org/meetourboard

Cafe Azul TX

https://www.facebook.com/cafeazultx

https://cafeazultx.wixsite.com/cafeazultxautism/post/leona-filis-community-advocate

Family, Friends and Duchenne

https://familyfriendsandduchenne.org/home-2/our-team/

Friends of Down Syndrome

https://www.friendsofdownsyndrome.org/leadership

Hope for Luka

https://hopeforluka.org/pages/copy-of-board-members

SAFE Diversity Communities

http://www.safediversity.org/

Community Outreach Events

https://www.facebook.com/groups/840056543353650/

Embracing Diversity Radio Show

https://www.facebook.com/groups/176841273950502/

My son is on the Medicaid Waiver Program Interest Lists – How Long is the Wait?

April is Autism Awareness and Acceptance Month, and many well-meaning people try to share information and support regarding individuals with Autism. As a mother of a teenage boy with Autism (and ADHD), my awareness of the challenges concerning living with ASD is daily. The State of Texas works with the federal government to administer programs to help individuals with disabilities, such as Autism.

These programs are called Medicaid Waiver Programs. My law firm discusses Medicaid Waiver Programs with anyone and everyone who will listen. We promote Medicaid Waiver Programs and try to educate families to sign up for the Interest Lists/Waiting Lists for the Medicaid Waiver Programs. We have videos and written materials about Medicaid Waiver Programs.

The unfortunate reality of the situation surrounding Medicaid Waiver Programs is that individuals have to wait YEARS before their name comes off the Interest List and an interview is scheduled to determine eligibility.

This topic is relevant to me today because I received a call from Health and Human Services (HHS) who administers some of the Medicaid Waiver Programs, and I was informed that my son’s name was at the top of the list for a Medicaid Waiver Program called Medically Dependent Children’s Program (“MDCP”). This is actually the second time my son has “come off the Interest List” for MDCP. Sounds strange since he is still on the Interest List for the other Medicaid Waiver Programs. Well, the Interest List for MDCP is shorter than the other Interest Lists for the other Medicaid Waiver Programs. My son has Autism and ADHD and does not meet the definition of “Medically Dependent” and would not, therefore, qualify for services. “Don’t waste your time with an interview” I told the HHS representative. “Just add his name back on the Interest List for MDCP just in case he would qualify for services in the future.”

That last statement was a tough one to make. I don’t want my son to regress or get into a horrific accident that would cause him to be “medically dependent” to qualify for services through MDCP. The best Medicaid Waiver Program for my son would probably be CLASS, but we have over 38,400 kids ahead of my son on the Interest List.

HHS is processing about 30 cases a month for the CLASS Waiver program.

So, if you are aware of Autism, accept Autism, and wish to support individuals with Autism (and their families) kindly write to your state and federal representatives that you want to see these Interest Lists processed so qualified individuals can get the help they desperately need.

According to https://www.hhs.texas.gov/about/records-statistics/interest-list-reduction the State of Texas Legislature allotted 381 slots for CLASS in 2022-2023. As of February 2022, there are 77,773 individuals on the Interest List for CLASS. Currently, the wait for benefits for CLASS can be up to 15 years.

Working and Receiving SSI Benefits

Disabled workers must limit their hours to keep a paycheck and benefits

As many of our kids with special needs approach adulthood, a conflict becomes clear. How can my adult child gain independence with working and still be eligible for Supplemental Security Income (“SSI”) and Medicaid?

Your adult child can retain his or her federal government benefits and work part-time. The Social Security Administration (“SSA”) website is full of examples of the calculations you can use to determine if your child is earning too much money to maintain benefits eligibility.

See the chart below for more details about SSI monthly benefits.

Currently, the maximum monthly amount of SSI paid to an individual is $841.00. SSA will deduct from the maximum qualifying amount (using $841 in this example) a certain amount for earned income. The amount deducted depends on many factors.

For the new high school graduates under the age of 22 and attending college, these adults can earn income and have as much as $1,930 a month exempt from the benefits deduction. Keep in mind that there is an annual cap for this exemption of $7,670 earned income. For the months after the student has reached the total annual exclusion for “Student Earned Income Exclusion,” then the Social Security Administration can allow the student to exclude the first $65 earned, and then calculate one-half of the remaining monthly earned income to deduct from the $861 SSI monthly benefit. Math is not my friend, but here is my attempt to calculate – if your adult disabled child (who regularly attends school – at least 8 hours a week at college) works part-time and earns $400 a month, then Social Security ignores $65, leaving $335 to divide in half, leaving $167.50 as the amount to reduce from the monthly benefit of $841.00, yielding a $673.50 payment.

If your child wants to work so many hours a month that his or her benefits are jeopardized, one option is to suggest he or she perform hours of volunteer work for a local charity.

Qualifying for SSI and Medicaid is also dependent on the value of the recipient’s assets. Cash is considered an asset and the cap is $2,000.00.

Click here to see my video about SSI and bank accounts.

TIP: Do not have joint bank accounts with your adult disabled child. As a parent, you may be the Representative Payee (“Rep Payee”) for checks issued by the government, but keep your money separate from your child’s money. In other words, do not commingle your money with theirs. Other than a Rep Payee account, your adult disabled child should only have two other types of bank accounts – ABLE account, also known as a 529 A account, and an account owned by your child’s Supplemental Needs Trust. Here is a link to my video about bank accounts for people with disabilities.

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Congratulations Leona E. Filis – A Winner of the Best Probate Lawyers in Houston!

We are so proud of our Principal Attorney Leona E. Filis! She has won another award for her services to the Houston community, named one of the winners of Best Probate Lawyers in Houston 2022 by Expertise.com. Leona works with families with children with special needs and provides invaluable advice for planning for their futures. Supplemental Needs Trusts can be tricky, but hugely effective to preserve eligibility rights to lifelong government benefits.

This award is on the heels of Leona’s national recognition from President Joe Biden for her community service.

Awesome recognition for Leona and her tireless efforts to fight the good fight and protect our kids.

Split Child Custody, IRS & Credits

From Issue Number: COVID Tax Tip 2021-147

If parents alternate years claiming their child on their tax return, will the IRS send the 2021 advance child tax credit payments to the parent who claimed the child on their 2020 tax return even though they will not claim them on their 2021 tax return? Yes. Because the taxpayer claimed their child on their 2020 tax return, the IRS will automatically issue the advance payments to them. When they file their 2021 tax return, they may have to pay back the payments over the amount of the credit they’re entitled to claim. Some taxpayers may be excused from repaying some or all of the excess amount if they qualify for repayment protection. If a taxpayer won’t be claiming the child tax credit on their 2021 return, they should unenroll from receiving monthly payments using the Child Tax Credit Update Portal.

Hope for HCS Waiver Program

I just heard about this proposal to open up the availability of services to individuals with special needs. These are services to assist a family to care for their disabled child at home instead of sending that child off to a government institution / State School.

On yesterday’s Embracing Diversity radio show, we discussed Medicaid Waiver programs and how it takes YEARS to obtain services.

In Texas, as of February 2021, there are 107,747 people on the Interest/Waiting list for the HCS Waiver Program, with people waiting 15-16 years before they receive services. See https://hhs.texas.gov/…/records…/interest-list-reduction for more information. #Medicaid #DisabiltyRights #AttorneyFilis #SpecialNeeds #ASD #MedicaidWaitingLists #MySon #FilisLaw

‘A Monumental Advance’: Newly Unveiled American Jobs Plan Would Invest $400B into Home-Based Care

Parent Project Muscular Dystrophy – Planning For Your Future – Navigating Benefits & Finances Webinar

Leona recently took part in a discussion group regarding planning for your family’s future in regards to benefits and finances. The webinar recording is available from the links below.

Parent Project Muscular Dystrophy website

Zoom Bombing Injustice

Actor Carl Ducena along with Mrs Thelma Scott of Safe Diversity Communities and Invited Community Leaders will be coming together to discuss new ways of protecting our society from Cyber Attacks, Bullying, and Racism.