News & Analysis as of

Disability

New Disability Benefit Claims Procedures Become Effective April 1, 2018

by Williams Mullen on

The Department of Labor announced earlier this month that regulations on claims and appeals for employer-provided disability benefits will go into effect on April 1, 2018. The announcement comes following a delay in the...more

Littler Global Guide - Hungary - Q4 2017

by Littler on

New Law Clarifies Definition of Employee with Decreased Working Abilities - A new amendment of the Hungarian Labour Code defines the term “employee with decreased working abilities” by enumerating four different...more

Prohibiting an Emotional Support Animal BEFORE it Bites Someone?

by Husch Blackwell LLP on

Everyone who deals with emotional support animals is well aware that the Federal Housing Administration (FHA) construes the law very favorably toward the person alleging a need for the animal. Once a person has a medical...more

Diploma Safety Net Option Expanded for NYS Students with Disabilities

by Harris Beach PLLC on

In December 2017, the Board of Regents adopted new emergency regulations that expanded the “superintendent determination” option for students with disabilities seeking to earn a local diploma upon high school graduation. ...more

ERISA Newsletter - Fourth Quarter 2017

by Proskauer Rose LLP on

Editor's Overview - For over two decades, federal law has required covered health plans and insurers to ensure that certain mental health benefits are in parity with offered medical/surgical benefits. The meaning of...more

New York Passes Law Against Service Animal Fraud, Joining Other States

by Seyfarth Shaw LLP on

Seyfarth Shaw Synopsis: Effective December 18, 2017, New York became the latest state to enact a law cracking down on fake service animals. ...more

Just Who Is Considered “Disabled” Under The Fair Housing Act?

by Fox Rothschild LLP on

Although it comes up most frequently when I review emotional support animal reasonable accommodation requests under the Fair Housing Act (FHA), the issue of just who is “disabled” is one for all of us in the professional...more

Prevent administrative convenience from creeping into classroom placement decisions

by Shipman & Goodwin LLP on

This Special Ed Connection article quotes Shipman & Goodwin Attorney Peter Maher. Students with disabilities may end up in the same regular education classroom together for a variety of reasons. A principal might...more

A Reminder of OCR Guidance Regarding Students With ADHD

by Tucker Arensberg, P.C. on

School Districts should keep in mind last year’s guidance from the U.S. Department of Education Office of Civil Rights (OCR) that students with attention deficit/hyperactivity disorder (ADHD) are entitled to equal educational...more

Department of Labor Finalizes 90 Day Delay on New Disability Claims Procedures

On November 24, 2017, the Department of Labor (“DOL”) released regulations finalizing a 90-day delay on the application of new claims procedures for disability claims. The Obama-era regulations providing for the new claims...more

Who May Open an ABLE Account?

ABLE accounts are a great new savings tool for individuals with disabilities, but not all people with disabilities are eligible to open these accounts. The rules for determining eligibility are for the most part...more

Some Thoughts On Live-In Aides And Fair Housing

by Fox Rothschild LLP on

A Fair Housing Defense blog reader sent me a question about live-in aides which I thought I would answer with some general guidance in a post. First, in order to have a live-in aide, a resident would need to meet the...more

Answers To Questions About Accommodating Disabilities

by Fox Rothschild LLP on

Just over a month ago, I had the pleasure of presenting a webinar entitled: “2017 Update: Accommodating Employees With Disabilities.” You can download the slides from my presentation. There were over a hundred attendees...more

Timing is Everything: Tenth Circuit Overturns Insurer’s Disability Decision as Arbitrary and Capricious

by Seyfarth Shaw LLP on

Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more

Plaintiff Who Could Get To Work On Time By Waking Up An Hour Earlier Was Not Entitled An Accommodation Allowing Her To Be Late.

by Jackson Lewis P.C. on

Years ago, I had a legal assistant who was unable to get to work on time. I finally told her that she had to be in at 8:30 as that was when everyone else started their work day. Three days later, she appeared in my office,...more

Department of Labor Proposes 90-Day Delay of New Disability Claims Procedures

On October 10, 2017, the Department of Labor (“DOL”) released proposed regulations that would delay for 90 days the effective date of the final disability claims procedures regulations finalized on December 19, 2016. As...more

DOL Adopts 90-Day Delay for Disability Regulations

New disability claims procedures were scheduled to go into effect on January 1, 2018. In a notice to be published in the Federal Register on October 12th, the DOL will provide for a 90-day delay to examine the burdens of the...more

ABLE accounts benefit disabled family members

For families with disabled loved ones who are potentially eligible for means-tested government benefits such as Medicaid or Supplemental Security Income, estate planning can be a challenge. One potential tool is to open a...more

US Senate Commerce Committee Marks up and Passes Autonomous Vehicles Bill

by Dentons on

The US Senate Committee on Commerce Science and Transportation (the Committee) yesterday marked up and passed bipartisan legislation, S.1885, the AV START Act, proposed by Senators John Thune (R-SD) and Gary Peters (D-MI)....more

Forced to Relay Fatal Diagnosis to Her Mother

by Faegre Baker Daniels on

A case in a Louisiana federal court addressed an unusual question: what if circumstances at a hospital require that you, rather than hospital personnel, be the one to tell your mother she has only two weeks to live? Do you...more

New York Special Needs Act Becomes Law

by Cole Schotz on

Governor Andrew Cuomo recently signed legislation which amends New York law to allow mentally-competent disabled individuals under age 65 to establish a first-party Special Needs Trust without court petition. ...more

Insight on Estate Planning - October/November 2017

In This Issue: - Social Security benefits When is the right time to begin receiving payments? - Planning ahead after a divorce - ABLE accounts benefit disabled family members - Estate planning pitfall: You chose...more

Seventh Circuit Says Extended Medical Leave Is Not A Reasonable Accommodation Under The ADA

by Fox Rothschild LLP on

On September 20, 2017, the Seventh Circuit Court of Appeals issued a decision that a requested three month medical leave due to a disability was not a reasonable accommodation under the ADA. Although there is some discussion...more

Guardianship, Mental Incapacity and the Right to Vote

All U.S. citizens have a federally guaranteed right to vote, but those under guardianship (or conservatorship) may not have that right. Although things are slowly changing, some states still deny citizens the right to vote if...more

Huntington Ingalls Sued By EEOC For Disability Discrimination

Shipyard Refused to Hire a Hearing-Impaired Pipefitter Because He Used Hearing Aids, Federal Agency Charges - NEWPORT NEWS, Va. - Newport News-based shipbuilder Huntington Ingalls Incorporated violated federal...more

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