By Rebecca J. Benson

About 35 million eligible voters in the U.S. have a disability – close to one in six. Although voting is one of the most fundamental rights granted to American citizens, nearly a third of voters with disabilities reported facing obstacles to voting in the 2012 election, including difficulties with physical access to the polling place, reading the ballot or operating the voting machine.

By Harry S. Margolis

The results of an on-line survey released by The Arc and the University of Minnesota's Institute on Community Integration reports caregivers are overwhelmed by the demands of caring for loved ones. The Family & Individual Needs for Disability Supports (FINDS) Community Report is a bit skewed statistically both due to its on-line nature and its sponsorship by a disability, rather than an elder care organization, but its results are still quite instructive, if not surprising.

Stress on Caregivers

Here are some of the Report's findings:

By Rebecca J. Benson

Every child automatically becomes an “adult” in the eyes of the law as soon as the child turns 18 – an unnerving thought for many parents.  Parents of a special needs child need to consider whether their child will need a legal guardian, even after turning 18.  Our comprehensive “how-to” checklist will help you determine whether guardianship is needed and outline the steps for obtaining the necessary Massachusetts court appointment:

When our autistic son was 8 years old, he was a holy terror.  That was true when he was younger than 8 and older than 8 (he settled down around the time of puberty, for which I am eternally grateful), but I am focusing on age 8 right now. We had two younger boys as well, then ages 5 and 4.  So when I asked my sister Laura whether she would be the guardian of our children, and take over if something happened to my husband and me, it was with great trepidation.  Laura knew full well what was going on in our house, and how difficult a request I was making.  She responded, without hesitation, “I’d be honored.”  I have tears in my eyes as I write this, as it never fails to get to me, even 17 years later.

This could be life-changing for your disabled loved one

For the first time, many people with disabilities (and their parents) can open special savings accounts in which they can save money (and have the use of more cash) without jeopardizing their government benefits.  Ohio, Florida, Nebraska and Tennessee have all launched ABLE accounts, based on the 2014 ABLE (Achieving a Better Life Experience) Act.

By Harry S. Margolis

Michael Anderson, a 35-year-old quadripalegic man who needs the assistance of a personal care attendant (PCA), asked the Franklin Institute, Philadelphia's science museum, to waive the entrance fee for his PCA. They refused. When he ultimately brought suit, the Franklin Institute, which was originally funded by Benjamin Franklin, moved to dismiss the case arguing that Anderson had no claim under the Americans with Disability Act (the ADA). This left the federal judge who ruled in Anderson's favor entirely perplexed:

By Harry S. Margolis

One of our clients recently brought to our attention a Social Security benefit that was news to us. He and his wife care for their adult daughter with a disability in their home. Our client retired and began receiving Social Security benefits. As a result, his daughter was able to drop her Supplemental Security Income and switch over to Social Security Disability Income (SSDI), a much better benefit for a number of reasons.

By Karen B. Mariscal

Given the cost of living in Massachusetts, we need to think creatively about how to make sure the elderly and disabled can afford to stay in their home communities, close to their families.  Encouragingly, a bill has been introduced in the State House to create the Disabled and Elderly Accessory Apartment Loan Program, which would allow a homeowner to take out a low-cost loan from the state to create an accessory apartment of up to two bedrooms, provided a person with a disability or a senior citizen residesin the new unit or in the original part of the home.

By Harry S. Margolis

In an article in The Boston Globe Magazine attorney Carol R. Steinberg asks Boston and Massachusetts to get real about making their sidewalks and businesses accessible. Due to her multiple sclerosis, Steinberg must use a wheelchair to get around. Her family recently vacationed in Barcelona where she had no trouble navigating the streets and tourist destinations, in large part due to changes it put in place when it hosted the 1992 summer Olympics.