All posts by eidmanblog

Have an IEP Contingency Plan During COVID

504 Plan, Asynchronous Learning, Contingency Learning Plan, Covid, Disability, Home Schooling, IEP, Remote Learning, Special Education, Special Needs, Synchronous Learning, , , , , , , , , , ,

We have reached another sad milestone with the COVID-19 pandemic. America now has more deaths than we had from the 1918-1919 flu outbreak. This is truly sad and scary. We are weeks away from an Emergency Authorization for vaccines for the younger students and several weeks or months away for the total student population to be fully vaccinated. We need to be realistic that our students are still at a higher risk. Our children are the immunocompromised, the unvaccinated, the medically fragile, and for some, the vaccines don’t work. Schools across the state and country are adjusting to in-person learning in varying degrees. I think we all can agree our student population gets sidestepped regularly. While the pandemic exposed many missing pieces in our institutions, it is always up to us to advocate for equal access for our children. The current upward trend in Covid cases in children convinces me it is likely our students will need to quarantine or isolate within the next few months.


The school districts are not required to address the needs of our children if they remain home for less than ten days. We are too familiar with how sensitive our children are to change. The loss of 10 days of services should not be more circumstances forcing us to give up or handle without support. It is grossly unfair and, frankly, discriminatory. We have one of two tools at our disposal to ensure a Free Appropriate Public Education (FAPE): the Individualized Education Plan (IEP) or 504 Plan. So, let us use them. I recommend updating our child’s IEP or 504 Plan with a Contingency Learning Plan (CLP). Do not bother asking for an emergency IEP meeting. In your cover letter, state your request to amend the IEP or 504 Plan immediately.


The experts on our side. The American Academy of Pediatrics (AAP) recommends schools should update IEPs and 504 Plans to accommodate virtual and hybrid instruction with variable learning methods and prioritizing goals. Teachers and staff should “find creative and flexible approaches to achieve such goals.” Modes may include providing options for aides, nursing, therapy, and food delivery. Schools should also consider siblings who may have to remain home due to the disabled student’s unique medical needs. The AAP also states the schools should allow for a flexible schedule to accommodate the needs of the working parents. Ok, we do not have to ask for the moon, but I like where the AAP is going with this.


The New York State Education Department received $8 Billion in COVID response funds towards learning with $2 Billion allocated towards intervention services “… to ensure that such interventions respond to student’s academic, social, and emotional needs…” Under FAPE, schools must ensure our students have equal access and opportunities as other students by employing an IEP or 504 Plan to level the playing field. The Department of Education recommends the IEP team consider a distance learning plan to be implemented during a selected closure, outbreak, or stay-at-home order.


I submit to you my idea of how a Contingency Learning Plan may look. Template is in my media section. Please feel free to adapt and edit to fit your child’s circumstances keeping in mind this is an add-on to their current IEP or 504 Plan and not a replacement. I would love to see your changes and how your school has implemented or supported your child during this crisis.


In health and safety,
Gail
9-23-21

Guardianship: Does my child need it

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Does my child need Guardianship or a Supported Decision Making Agreement?

In light of all the brouhaha surrounding Britney Spears and her Conservatorship, many of us are curious if Guardianship is right for our young adult.   I won’t go into Ms. Spears’ case as I have do not have any information on her case. First, let us go through a few terms as they pertain to us.

Protected Person is the disabled adult child.  The person who needs support and control under guardianship.

Guardian is the decision maker of the protected person.

Guardianship or Conservatorship is a legal arrangement decided in court whereby a Judge appoints one person to make decisions for another person.

Guardian of the Person: The Guardian is responsible for the health and overall well-being of the protected person.

Guardian of the Estate (Property): The Guardian is responsible for managing the income, property, and financial assets of the protected person.

Full or Plenary Guardianship: Complete authority over the Person and Property of the protected person.

Limited Guardianship: The Guardian’s authority is limited by the state or court.  When you request (petition) the court for guardianship, the court decides how much authority and control is granted.  

Supported Decision Making Agreement (SDMA) is between the disabled adult and their trusted advisors allowing them to maintain their full rights. It may or may not be a legally enforceable document.

Power of Attorney (POA) is a legal contract giving one person binding authority to make decisions for another in any or all situations.  

When we think about the best route to serve our disabled adult child, we need to evaluate not only how well they function in every aspect, but how they feel about it all. Self-determination is the guiding principle. How well do they communicate their needs? How well do they advocate for themselves and how willing are they to do so? We have to keep in mind, we are not evaluating their academic abilities or sophistication, but a belief in autonomy and self-worth in every aspect of their lives.  

Guardianship best serves when the protected person is incapable of making daily and critical life decisions. If your child cannot express their needs or does not understand what they need, guardianship is more appropriate. If your child has preferences and can make them known, guardianship may be too restrictive. For example, if your child likes to spend time with certain people, or eat at a favorite restaurant, go to a preferred mall, or play a sport, they are capable of making decisions. Also, when we take on a guardianship role, our child loses rights. Each state defines what rights are available to people under guardianship.  Some states take away their right to drive or vote. 

In all states, the protected person loses their right to decide where to live, how to spend their money, and what medical treatments they receive. Guardianship is meant to be very restrictive and permanent. They are seldom able to remove the guardian or end the agreement. The protected person cannot have a Power of Attorney or an enforceable Supported Decision Making agreement if they are under guardianship. 

In a Supported Decision Making agreement, the disabled adult maintains all their rights as a non-disabled adult but has the accommodation to allow for a team to review any and all aspects of their life. When a SDMA is adopted, financial institutions, medical providers, and educational and recreational establishments, etc., must afford the space and time for decisions. The disabled adult makes the final decision and no advisor acts on the person’s behalf.  For example, your child goes out to eat with friends, but cannot calculate his portion of the bill, he can ask for help. If a dentist tells him he needs a root canal, he and his team can speak with the dentist.  The trusted team will know how to address his concerns and relay information in a way he understands, but the final decision on how to proceed rests upon the disabled adult.  

We should also consider a Power of Attorney. This a legal contract decided privately where the principal (or disabled adult) maintains all their rights but allows another to act on their behalf as dictated in the document.  They can make decisions similar to a Guardian with one exception: the principal may revoke the POA at any given time they want. One may have both a Supported-Decision Making Agreement and a Power of Attorney as they are not in conflict.

Guardianship is really for our severely disabled children. Some of us may find comfort in having a Guardianship until Supported Decision Making Agreements become legal while the rest of us wait for our Representatives to sort out all of this. Check out the links for the ACLU Disability wing’s Supported Decision Making guide and sample agreement.

Go through the SDMA with your child and get a better sense of their understanding of their needs. While providers and businesses may not accept a nonbinding SDM Agreement, there is no reason not to have an informal one.  

A final thought. Power of Attorney is not just for those with chronic conditions.  Everyone who is not under a guardianship agreement should have one. You, me, your parents, your other adult children (especially when they leave for college or go abroad). It’s a backup plan for when one of you becomes incapacitated. If the pandemic taught us anything, it is that life can change in an instant.  

American Rescue Plan is a BFD for Health Care

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Photo by maitree rimthong on Pexels.com

Beginning April 1, 2021, President Biden’s Relief Plan will reduce health care premiums and cost sharing for the 9 million people currently enrolled in the ACA Marketplace across America.  80% will see their Silver plan premiums reduced to $10 or less per month and their deductibles reduced to under $200.  25% will be able to upgrade their current plan for the same premium.  In New York and New Jersey alone, over 31,000 enrollees will be eligible for $10 per month Silver plans.  For the rest of us, plan premiums are being reduced $500 to $1000 per month.  But wait there’s more….. The credit is retroactive to January 1, 2021. You will be getting a refund.

If you are uninsured:  It is open enrollment until May 15th.  Get your fingers moving and sign up for health insurance on your state’s site.  If you are in New York, I can sign up for you.  

If you are or were collecting UI in 2021: You, too, may be eligible for a free Silver plan on your state’s Marketplace. 

If you are currently insured:  You will most likely be eligible for an additional tax credit that will be applied to your monthly premiums.  All you need to do is update your application after April 1st.   It’s open enrollment.  Check out a silver plan and see how much you will save.  There is no longer a maximum wage cliff.  

If you currently have a Short Term or Junk insurance: Carefully run as fast as you can and sign up for a Marketplace plan that cannot deny any claims based on any pre-existing condition.

If you are on COBRA:  Your premiums will be free until September 30, 2021.

Medicaid Maternity Benefit:  President Biden’s plan expanded Maternity postpartum care from 60 days to 12 months across the board.

It’s currently open enrollment on the Marketplace.  President Biden’s relief package is making health care coverage more affordable, if not free, to many eligible Americans.   If you have insurance under a family member’s plan, you may not be eligible. The Marketplace sites are being updated and will take a little time to catch up to the new regulations and issue refunds.  Due to the pandemic, this is a recovery and relief plan.  Therefore, these subsidies are only here for two years. Congress could make some permanent, but only if they are successful.   If you think you may qualify, it is worth applying.

Gail

March 16, 2021

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The Next Epidemic is Here

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While we are focusing on COVID-19 and getting vaccinated, there is an epidemic on the rise, post-acute sequelae of COVID-19 (PASC), known to us as Long COVID. For many patients, being clapped-out of the hospital by the medical staff is not the endpoint of COVID-19.

There are thousands of hospitalized patients as well as those recovering at home with mild cases who are experiencing long term debilitating conditions. It’s been documented those who were intubated on average lose about 10 years of cognitive decline and 8.5 IQ points. In a global study with patients post COVID 6 and 9 months, almost 50% could not return to work full time and 22% are not working at all. The majority said they are having difficulty thinking clearly or “brain fog” which is adversely affecting their Instrumental Activities of Daily Living (managing finances, medication, and shopping). Several other symptoms have persisted and are adversely affecting their Activities of Daily Living (bathing, walking, and eating). The second most noted symptom is chronic fatigue. Adults are becoming exhausted after walking up a flight of stairs. Younger adults and teens are showing exercise intolerance and poor sports performance. Chronic cardiac dysfunction is showing up in both severe and mild cases in older and young patients. Schools are requiring cardiac evaluations prior to allowing students to return to any athletics. Respiratory issues and scarred lung tissue make any further inflammation potentially life threatening. And then there is the hair loss, because COVID isn’t cruel enough.

Can your family take care of you for 9 months or longer and financially support everyone during your convalescence including the additional expenses needed for your recovery? If you are totally disabled, you may be able to receive Social Security Disability but do not count on it. What if your residual COVID symptoms do not completely disable you? Will you be able to work at your former occupation or capacity? What if you cannot work full time or need to take regular breaks? What if your SSDI isn’t enough? What will you and your family do?

We need to address life with Long COVID (PASC) or any other long term disability. Prior to COVID, there was a 30% chance someone over 35 would suffer a disability lasting longer than 90 days and half of them can expect to be disabled for at least 5 years. We are more likely to be disabled than die an early death so it’s imperative we plan for it. There are several things you can do now to make getting through any long term illness a lot easier.

• Review your current health care coverage. Make sure it’s adequate and will continue. Traditional insurance and Medicare do not cover long term care.
• Speak with your family members about your views on general medical care and life sustaining intervention. Pick a surrogate who will act in concert with your personal values.
• Complete a COVID-19 Disability Hospital Care Form. This is a nonbinding document to inform your medical team the best way to deliver and communicate your medical needs.
• Make sure your surrogate knows your choice of hospital and have them contact Palliative Care for your stay. Palliative care is a team of specialists who offer a wide range of care to prevent and relief suffering. It includes spiritual, psychological, physical, and social care.
• Contact an attorney to draft an Advance Care Directive with a Health Care Proxy. An Advance Directive states your wishes regarding your medical care. A Health Care Proxy is the person named as your surrogate if you are incapacitated. They are the legal documents to direct your medical team.
• Review your finances and the potential adverse effect your incapacity may have on your family’s income and expenses. Having a long term or permanent disability will most likely include additional expenses to assist in your care. Will your home need to be made accessible? Will you require long term services such as therapy or a home health care aide?
• Purchase Life Insurance with a Long Term Care or Chronic Illness rider. Both riders allow the insured access to the policy’s death benefit, up to a set amount, if the insured requires long term care services and supports.
• Purchase a Disability Income insurance policy while you are healthy and working. This is protection for your loss or reduction of earned income due to a long term illness or disability. It will reduce your need to deplete your savings and other assets preventing a bankruptcy or worse.

The good news is there are more vaccines on the horizon and soon all those who need and want to be vaccinated will get it. The bad news is there still are debilitating illnesses. Health care insurance policies (including Medicare and Medicaid) cover only the medical portion of care and some do better than others. It is imperative you find what suits your personal needs, values, and budget.

Gail Eidman
Certified Financial Planner™
Chartered Life Underwriter®
Chartered Special Needs Consultant®
Licensed Professional Insurance Agent in New York and New Jersey
3-6-21

covid-19 Hospital FormDownload

It’s so overwhelming….

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What is?

Everything.

Your kids eat a balanced diet and get good night’s sleep. In the morning, they wake up, get dressed and get ready for school. You even make it to the bus stop a few minutes early to chat with the other parents, coffee in one hand and wave your little one good bye with the other. You’re also beautiful, in shape, hair done, with a clean house and a rose garden in this dream.

We live in an alternate universe. One that requires patience, endurance, and empathy 24/7/365. It’s existentially exhausting.

We live with food allergies, seizures, ADHD, sleep disorders, sensory seekers, developmental disabilities, learning disabilities, auditory processing disorders, ASD, intellectual disabilities, physical disabilities, and medical conditions no one can pronounce. The Redbook Juggler has nothing on us.

Some of us are just happy if our kids eat at all. Or if they will wear socks today. Or wont have a meltdown if their favorite Minecraft t shirt isn’t washed. “You wore it yesterday, sweetheart. Wear the green Minecraft shirt today.” But honey, you can wear the blue one tomorrow after mommy washes it.” No, love, I cannot wash it in 10 minutes. It takes time and the bus is coming in 5 minutes.” “How about the brand new yellow one? You look awesome in yellow.” “I’m sorry, pumpkin, but the blue shirt is dirty and we missed the bus.” “Here’s the another blue shirt and a cookie. We can make it to school on time if we leave now.” “How about socks?”

When 50% of families with a disabled child are being raised by single and solo parents, we are truly sailing solo. Every expert is a silo and we are forced to navigate this world alone. When our kids are little, we don’t even know who or where other parents in our situation are located. We turn to the social media of the week. We find community, which is very important, but it is filled a lot of misinformation a lot of the time. I found myself commenting the same laws, facts, information time and time again. It’s time to keep all this information in one place.

I will cover Special Education, Medicaid, Supplemental Security Income, Health Care Coverage in general, Transitioning to Adult Services, Medicaid Waivers including Home and Community Based Services and Long Term Services and Supports, Guardianship, Supported Decision Making, Special Needs Trust, Life insurance and Long Term Care and Disability insurance. And anything else that will come our way.

I went college to study Life, Disability, and Health insurance. I am a Chartered Life Underwriting, Certified Financial Planner professional, and a Chartered Special Needs Consultant. I spent my career helping my clients plan for the future and against the unexpected so they may maintain a quality of life how they see fit. Our children deserve the same. Welcome to my blog.

Gail