When Do You Need a Special Needs Attorney?

Having a child with special needs can be challenging and overwhelming. Not only do parents have to navigate their child's unique needs, but they also have to deal with the legal aspects of ensuring their child receives the proper care and support. In these situations, having a special needs attorney can be extremely beneficial. Here are five scenarios where you might need a special needs attorney.

Navigating the Legal System for Government Benefits

One of the main reasons parents of children with special needs seek out a special needs attorney is to help them navigate the complex legal system for government benefits. These benefits may include Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), Medicaid, or Medicare. A special needs attorney can help parents understand eligibility requirements, assist with filling out applications and appeals, and ensure that their child receives the maximum benefits they are entitled to.

Creating a Special Needs Trust

A special needs trust is an important legal tool for families with children who have disabilities. This type of trust allows parents to set aside funds for their child's future care without jeopardizing their eligibility for government benefits. A special needs attorney can help create this trust and ensure that it is properly funded and managed in accordance with state laws.

Advocating for Your Child's Education

Children with special needs are entitled to receive appropriate education services under the Individuals with Disabilities Education Act (IDEA). However, navigating the complex world of education law can be daunting for parents. A special needs attorney can advocate on behalf of your child during Individualized Education Program (IEP) meetings, assist with obtaining necessary evaluations and accommodations, and help resolve disputes between parents and school districts.

Estate Planning

Estate planning is crucial for all families, but it becomes even more critical when you have a child with special needs. A special needs attorney can help you create a comprehensive estate plan that ensures your child will be taken care of in the event of your passing or incapacitation. This may include setting up a special needs trust, selecting a guardian for your child, and designating someone to make medical and financial decisions on their behalf.

Navigating Legal Issues Related to Disability Discrimination

Unfortunately, individuals with disabilities are still subject to discrimination in various aspects of life, including employment, housing, and access to public services. If you or your child has experienced discrimination based on disability, a special needs attorney can help you understand your rights and take legal action if necessary. They can also assist with filing complaints with the appropriate government agencies or representing you in court.

Having a child with special needs comes with many challenges and responsibilities. In these situations, having a knowledgeable and experienced special needs attorney by your side can make all the difference. From navigating complex legal systems to advocating for your child's rights, a special needs attorney can provide invaluable support and guidance for families with children who have disabilities. If you find yourself in any of these situations, it may be time to seek out the help of a special needs attorney.

Contact a local law office to learn more, like the Law Office of Matthew Storey, APC.