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Make a Difference in a High School Senior’s Life and Donate Now

Filis Law Firm just made a $100 donation to S.A.F.E. Diversity Communities. You too can help make a difference in a high student’s life by making a donation to help him or her go to college.

 

Join the movement & give back
November 27th, 2018
As the holiday season brings cash flowing to retail businesses, non-profits can get in on the action thanks to #GivingTuesday. Participate today by donating to S.A.F.E. Diversity Communities as we embody and empower diversity through our unique platform and approach. Thanks to supporters like you we have been able to promote cultural diversity and a safe community for many Houstonians, and if you continue to support us we can continue to educate and spread love and positivity. Join the team and donate today.
Make a contribution today

Thank you Mr. Mike Khan Founder/CEO of Radio Dabang 99.5 FM for making a generous $500 donation.

http://www.safediversitycommunities.org/full-donation-page.html

#GivingTuesday

#FilisLaw

The Embracing Diversity Radio Show and $1000 Scholarships

Thank you Radio Da Bang and Ms. Thelma Scott!

I will be co-hosting with Ms. Scott once a month leading up to the fabulous 5th Annual Unique Blue Carpet Scholarship Awards Gala May 3, 2019. We are trying to get funds to high school students to enable them to go to college.

 

 

 

 

 

If you know a high school senior who wants an opportunity to earn a $1000 scholarship, tune in to the Embracing Diversity Radio Show at 99.5FM or or click this link for more information on the S.A.F.E. Diversity Communities website.

 

 

Traveling Soon and Have a Family Member with Special Needs?

Travel for my son has been limited to automobile transportation. Between his sensory issues due to Autism and his severe peanut allergy, I have been afraid to take my son on a plane. My son’s allergy doctor wrote a letter for me to provide to an airline should I choose to travel with my son on a plane. When I have contacted airlines about our potential trips, I was assured that we could board and deplane earlier than the other passengers. Also, our seats would be strategically located for our comfort. These are all reasonable accommodations offered by the airline, but leaving a plane “early” is not a true solution if my son has an immediate problem, like a meltdown, an anxiety attack or anaphylactic shock.

Travel limitation is especially cumbersome during the end-of-year holidays.

Surprisingly, I have family members who have physical challenges who have not had to remove airplanes as an option for their long-distance journeys.

While in the airport, the rights of individuals with disabilities are protected by the Americans with Disabilities Act (“ADA”), which is governed by the Department of Justice.  Per the ADA, disabilities can include a physical or mental impairment that substantially limits a major life activity, such as learning, walking, seeing, and talking. See Section 504, for protections that primarily deal with accessibility.

Air carriers are subject to the rules in the Air Carriers Access Act (passed in 1986) that prohibits the discrimination of passengers who have disabilities. Air Carriers are governed by the Department of Transportation.

Equal access for travelers with special needs are about to improve. Last month marked a huge success for disability rights groups as the new “Bill of Rights” for air travelers with disabilities passed as part of the Federal Aviation Administration Reauthorization Act of 2018. Tying funding of the FAA to the protections will ensure improvement.

The Bill includes the following reforms:

• Increase civil penalties for bodily harm to a passenger with a disability and damage to wheelchairs or other mobility aids.

• Require that the Department of Transportation review, and if necessary, revise regulations ensuring passengers with disabilities receive dignified, timely and effective assistance at airports and on aircraft.

• Create the Advisory Committee on the Air Travel Needs of Passengers with Disabilities to identify barriers to air travel for individuals with disabilities and recommend consumer protection improvements.

• Require that the new Advisory Committee review airline practices for ticketing, preflight seat assignments and stowing of assistive devices, and make recommendations as needed.

• Mandate the DOT develop an Airline Passengers with Disabilities Bill of Rights, in consultation with stakeholders, describing rights of passengers with disabilities and responsibilities of air carriers.

• Study in-cabin wheelchair restraint systems, in coordination with disability advocates, air carriers and aircraft manufacturers.

You can find more information, although not updated recently, on Transportation.gov.

Have Questions about the ABLE account and the IRS? See the IRS bulletin below.

IR-2018-139: Tax reform allows people with disabilities to put more money into ABLE accounts, expands eligibility for Saver’s Credit

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IRS Newswire June 15, 2018

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Issue Number:    IR-2018-139

Inside This Issue


Tax reform allows people with disabilities to put more money into ABLE accounts, expands eligibility for Saver’s Credit

WASHINGTON – People with disabilities can now put more money into their tax-favored Achieving a Better Life Experience (ABLE) accounts and may, for the first time, qualify for the Saver’s Credit for low- and moderate-income workers, according to the Internal Revenue Service.

The Tax Cuts and Jobs Act, the tax reform legislation enacted in December, made major changes to the tax law for 2018 and future years, including increasing the standard deduction, removing personal exemptions, increasing the Child Tax Credit, limiting or discontinuing certain deductions and changing tax rates and brackets.

The new law also enables eligible individuals with disabilities to put more money into their ABLE accounts, qualify for the Saver’s Credit in many cases and roll money from their 529 plans — also known as qualified tuition programs — into their ABLE accounts.

States can offer specially designed ABLE accounts to people who become disabled before age 26. Recognizing the special financial burdens faced by families raising children with disabilities, ABLE accounts are designed to enable people with disabilities and their families to save for and pay for disability-related expenses. Though contributions are not deductible, distributions, including earnings, are tax-free to the designated beneficiary if used to pay qualified disability expenses. These expenses can include housing, education, transportation, health, prevention and wellness, employment training and support, assistive technology and personal support services and other disability-related expenses.

Normally, contributions totaling up to the annual gift tax exclusion amount, currently $15,000, may be made to an ABLE account each year for an eligible person with a disability, known as a designated beneficiary. But, starting in 2018, if the beneficiary works, the beneficiary can also contribute part or all of what they make to their ABLE account.

This additional contribution is limited to the poverty line amount for a one-person household. For 2018, this amount is $12,140 in the continental U.S., $13,960 in Hawaii and $15,180 in Alaska. However, the designated beneficiary is not eligible to make this additional contribution if their employer contributes to a workplace retirement plan on their behalf.

In addition, starting in 2018, ABLE account beneficiaries can qualify for the Saver’s Credit based on contributions they make to their ABLE accounts. Up to $2,000 of these contributions qualify for this special credit designed to help low- and moderate-income workers. Claimed on Form 8880, Credit for Qualified Retirement Savings Contributions, this credit can reduce the amount of tax a person owes or increase their refund. Like other IRS tax forms, Form 8880 will be revised later this year to reflect changes made by the new law.

In addition, some funds now may be rolled into an ABLE account from the designated beneficiary’s own 529 plan or from the 529 plan of certain family members.

Like other workers, ABLE account beneficiaries and other people with disabilities should make sure they are having the right amount of income tax withheld from their pay. Because of the far-reaching tax changes taking effect this year, the IRS urges all employees to perform a paycheck checkup now. Doing so now will help avoid an unexpected year-end tax bill and possibly a penalty. The easiest way to do that is to use the fully-accessible Withholding Calculator, available on IRS.gov.

For more information about ABLE accounts and the tax reform changes, visit IRS.gov/taxreform.

 

New Requirement for Guardians in Texas

If you are a guardian of your child with special needs, be aware of the new Guardianship Certification requirement.

Texas has the Judicial Branch Certification Commission (“JBCC”) that oversees the certification and registration of guardians.  The JBCC will accept applications for guardianship registrations effective June 1, 2018, per the passage of Senate Bill 1096 for all Texas guardianships. If you have a pre-existing guardianship, you can simply register here after June 1st.

For all new guardianships, at least ten (10) days prior to the hearing for your application, you must apply to register online with the JBCC certification, registration & licensing system and complete the Guardianship Training (with the option of online training at the Guardianship Training page.)

The free, one (1) hour training module is a course that explains the following:

  1. Understanding Why Guardianship May be Necessary
  2. Overview of Alternatives to Guardianship
  3. Types of Guardianships
  4. Procedures to Establish a Guardianship
  5. Duties of the Guardian
  6. Reporting Requirements of the Guardian
  7. Modifying, Terminating, or Closing a Guardianship

Don’t Let The 8.5% Cap on Special Ed Continue

In 2016, after the publication of a series of investigative articles by Brian M. Rosenthal in the Houston Chronicle, many parents with children in Texas public schools obtained confirmation of one of their worst fears – their children were missing out on education opportunities that could enrich their children’s lives. It may not sound like much to a parent with a typical child who can catch up on academics with a tutor, but for parents with children who require special education services and accommodations, catching up can feel impossible.

The U. S. Department of Education conducted their own investigation which concluded that Texas Education Agency (TEA) led schoold districts to delay or deny special education services to students by instituting an arbirtrary cap for enrollment of services at 8.5%.

Now, the TEA owes the public school children in Texas a proper education and the TEA is asking for your help. We have until April 18th to offer comments on the draft of the the strategic plan to get our schools in line with rest of the country with regards to special education.

Click on the link below to read more information on the draft and to offer your comments.

https://tea.texas.gov/About_TEA/News_and_Multimedia/Press_Releases/2018/TEA_accepting_comments_on_draft_strategic_plan_for_special_education_through_April_18/

Keep the Family Home in the Family

Are one or both of your parents in need of more assistance with daily activities than what they are receiving in their home?

Nursing homes and assisted living facilities can be expensive, but the government helps those in need with Medicaid benefits. A problem many people face with Medicaid is that they are ineligible due to having too much money and too many assets.

For many retirees, qualifying for Medicaid to pay for nursing care appears to be impossible.

As their child, it may seem like this is a hopeless situation and quite unfair to have your parents lose everything they worked hard for over the past few decades to try to qualify for Medicaid.

MERP is the Medicaid Estate Recovery Program. MERP can only recover from assets that pass through probate. Both a Ladybird Deed and Transfer on Death Deed pass property outside probate.

Estate and Medicaid planning can be accomplished to keep your hard-earned assets in the family. Contact our office for more information.

15 Year Anniversary for Filis Law Firm

In July 2002,  I sat for the Texas Bar exam. Thankfully I had my friend Mary K. to make the 3 days of testing tolerable. Then, after many months of waiting, we finally received our results. Many people do not know this, but all the Texas law school graduates who take the Bar find out if they passed the Bar all at the same time. The Texas State Bar Examiners post the pass list online. I was thankfully on the list and within a couple of months, I formed The Filis Law Firm, PC.

Over the years I have enjoyed the flexibility of having a general civil practice. In the middle of 2008, I entered into the world of Oil and Gas. We are in Texas so it makes perfect sense to work in energy in some capacity. I enjoyed oil and gas title work, but my son who inspired me to explore a different path in my career. With his diagnosis of Autism Spectrum Disorder, our lives changed – not better or worse, just different. Since then, Filis Law Firm has provided me with the ability to share what I have learned over the years and help protect the legal rights of children with special needs and their family members.

Fifteen years of Filis Law Firm, and many more years to come.

Advising Families With Children With Special Needs
Filis Law Firm
5600 NW Central Drive, Suite 202
Houston, TX 77092

CHIP Health Plan for Working Families

Do you earn too much money to be eligible for Medicaid, but not enough money to pay for private health insurance for your kids? Based on certain income requirements, kids and pregnant women may be qualified for the Children’s Health Insurance Program (“CHIP”). Currently, there are approximately 400,00 Texas kids and pregnant women enrolled in CHIP. Health care services in Texas include prescriptions and post-partum care.

CHIP was created in 1997. Texas adopted the program a couple of years later and since then, over one million children have been enrolled in the health insurance plan and able to obtain proper medical treatment.  For a child to be eligible for CHIP, a family of two can earn income up to 200% of the federal poverty level, around $32,000 a year or $2,666 a month.  According to a July 2017 article in the Business Insider, the average monthly rent for a 2-bedroom apartment in Houston, Texas is $1,088.  After paying rent, there is not much money to cover food, clothing, utilities and transportation, much less private health insurance premiums. CHIP is crucial for low-income working-class families.

On September 30, 2017, Congress failed to renew the authorization for CHIP funding. There is limited hope that six months worth of federal CHIP funding may be authorized prior to the holiday break, however, this would cover October 2017 through March 2018.  If Congress fails to authorize temporary funding, states will fund CHIP without their federal partner.  According to recent reports, Texas only has funds to keep CHIP active until February 2018 in the event the federal government chooses to discontinue the program.