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
What you can expect when you file for Guardianship of your loved one:
Parent homework: Schedule an appointment with your child’s doctor. Take the Physician’s Certificate of Medical Examination to be completed and return the completed form to the law office.
1st – Application for Guardianship or Co-Guardianship of the Person filed with Physician’s Letter
*service of process by Sheriff to your child at the home
2nd – JBCC online certificates. Parent homework: Parents must go to the JBCC website to register their Guardianship case, take the online training course, and submit the Certificate of Completion to the law office.
*In-home visit Court Investigator
3rd – File AAL Motion & Order – performed by attorney
*in-home visit AAL
4th – Attend a Court Hearing after your child turns 18 and all the reports are filed.
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.
With the new environment we find ourselves in, and with all of the uncertainty we have face, you can be comforted in that Filis Law Firm will be available to you.
Here is a letter from Leona E. Filis, founding member.
Dear
Valued Clients,
At Filis Law Firm, the safety and well-being of our clients
is always a top concern. During this time of crisis, please know that Filis Law
Firm is here for you, as we have been for the past 17 years. Although
Courts and businesses have limited hours or are completely closed, Filis Law
Firm will continue to provide services to meet your needs.
As always, we allow for teleconferences, and now for your
convenience, we have added Zoom as an option for video meetings. You can
schedule your appointment time online at Calendly https://calendly.com/filislawfirm. If
you prefer, you can also communicate with us or forward any
information/documentation to us via email at leona@filislaw.com.
You can rely on the Filis Law Firm. Attorney Leona E. Filis
understands that under the current circumstances, it is crucial to secure the
optimal future for your family. As a result, should you need Estate
Planning documents, Filis Law Firm will expedite such services, including
Wills, Power of Attorneys, and Special Needs Trusts. If you are in need of
Guardianship services, we can begin the Guardianship process by preparing and
filing the initial legal documents. When the Harris County courts are fully
operational, we can schedule a hearing date, or have a video hearing.
The Filis Law Firm team is dedicated to supporting you through
this unprecedented time. Please stay safe and know that you can
count on us.
Mrs. Scott, Attorney Filis, and Adriana Beasley on Great Day Houston discussing the upcoming 6th Annual Blue Carpet Scholarship Awards Gala by Houston non-profit SAFE Diversity Communities.
Every month you can listen to the Embracing Diversity show on Radio DaBang 99.5 FM. This month DJ BigNate, Mrs. Thelma Scott and Attorney Filis had special guests Giset King, Max Power with Agape the Koala, and Kathy Tatum.
Giset King with Cafe Azul is hosting Tools for Caregivers of Individuals with Autism March 21, 2020 at 114 Eastwood St. from 10 am to 2 pm.
Wow! I was interviewed on the Adriana Beasley podcast “Conversations That Inspire” talking about Legal Life Planning. Many families with children with special needs have experiences that are similar to mine and to Adriana’s. Even though it seems as though so much of your life is out of your control, you do have the power to set your family’s course for the future with legal life planning. If you have a child with special needs who is approaching adulthood, now is the time to contact Filis Law Firm for a free 30-minute consultation about Guardianship, SDMAs, Special Needs Trusts, and other legal documents to protect your family’s future.
For all the new parents of babies and toddlers diagnosed with chronic illness or a disability such as Autism, one of the first things you should do is sign your child up for support and services with your State and local authority. Years ago, for my child, I contacted the Department of Aging and Disabilities (DADS, now see Texas Health and Human Services Commission) and Mental Health and Mental Retardation Authority (MHMRA, now known as Harris Center).
Client Education
My first reaction to receiving information about the Interest Lists for Medicaid Waiver Programs was one of disappointment.
I was certain that my household income would disqualify my son for benefits. I was wrong. The requirement for low or no income that you typically associate with Medicaid is waived for most of these programs.
If you have not already done so, please call 1-877-438-5658 to add your child to the Medically Dependent Children’s Program (MDCD) and Community Living Assistance and Support Services (CLASS) Interest Lists.
For those of our parents whose kids have spent a couple of days in a nursing facility, and is medically fragile, you may wish to look into the MDCP Rider 28 if your child is returning home. Talk to your child’s doctor about Form 2406, Physician Recommendation for Length of Stay in a Nursing Facility.
For more information, contact The Filis Law Firm at 713-462-1777 or search for Medicaid Waiver Programs on the Houston Special Needs Attorneys website.
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.
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.
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