Category: resources

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What’s the Difference Between SSI and SSDI?

What Is the difference between SSI and SSDI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits.

In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid. A person with SSDI will automatically qualify for Medicare after 24 months of receiving disability payments (individuals with amyotrophic lateral sclerosis [ALS] are eligible for Medicare immediately).

SSI v SSDI | word2

What Is the difference between SSI and SSDI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits.

In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid. A person with SSDI will automatically qualify for Medicare after 24 months of receiving disability payments (individuals with amyotrophic lateral sclerosis [ALS] are eligible for Medicare immediately).

How does Social Security define disability?

Social Security uses a strict definition of disability that relates to your ability to perform work and the projected length of your disability. It requires that you submit medical records to support your application. If you have a short-term or partial disability, you are not eligible for SSI or SSDI.

How do I apply for SSI or SSDI?

You can apply for SSI online only if you are an adult with a disability. SSI applications are not available online for people applying for a child under age 18 with a disability or a non-disabled senior aged 65+. These individuals must visit their local Social Security office or call 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. – 7 p.m., Monday through Friday. You can apply for SSDI benefits online at any age. You also can apply by calling Social Security at the number above or at your local office.

How do I apply for SSI or SSDI?

The Supplemental Security Income (SSI) program provides monthly payments to adults and children with a disability or blindness who have income and resources below specific financial limits. SSI payments are also made to people age 65 and older without disabilities who meet the financial qualifications.

You may be eligible to receive SSI monthly payments even if you are already receiving Social Security Disability Insurance or retirement benefits.

Apply for SSI Online Now!

Other Ways to Apply

Apply By Phone

Call us to make an appointment to file your application at 1-800-772-1213. If you are deaf or hard of hearing, you can call us at TTY 1-800-325-0778.

Apply Online

  • Start a disability claim online (if age 18-64)
  • Start a child’s disability claim online (under age 18)

More about the program

SSI is a Federal program funded by general tax revenues (not Social Security taxes). It provides monthly payments to meet basic needs for food, clothing, and shelter. The base monthly federal amount varies depending on your living arrangement and countable income. Not everyone gets the same amount. You may get more if you live in a state that adds money to the federal SSI payment. You may get less if you have other income such as wages, pensions, or Social Security benefits. You may also get less if someone pays your household expenses or if you live with a spouse and he or she has income. You may be able to get SSI if your resources are worth $2,000 or less. A couple may be able to get SSI if they have resources worth $3,000 or less.
Anyone may apply for SSI. The SSI program provides monthly payments to people who: Are at least age 65 or blind or disabled. Have limited income (wages, pensions, etc.). Have limited resources (the things you own). Are U.S. citizens, nationals of the U.S., or some noncitizens. Reside in one of the 50 states, the District of Columbia, or the Northern Mariana Islands. Exception: The children of military parent(s) assigned to permanent duty outside the U.S. and certain students temporarily abroad may receive SSI payments outside the U.S.
Anyone who believes they meet Federal Disability requirements is eligible to apply. Your family members may also receive benefits if you can no longer work due to a medical condition. You are considered disabled under Social Security rules if: You cannot work due to a medical condition; You cannot do work that you did before; We decide that you cannot adjust to other work because of your medical condition(s); and Your disability has lasted or is expected to last for at least one year or to result in death. People who have worked long enough may also be able to receive Social Security Disability Insurance benefits as well as Supplemental Security Income (SSI) benefits.

 

Need Information About Special Needs Trusts?

Headshot face 1 | word2I am Tom Sannicandro, a Special Needs Trust Attorney and I am here to help. I am the founder of a nonprofit corporation that provides quality information about resources available to families as well as providing affordable Special Needs Trusts and estate planning for families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

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Race Based Bullying Training

Zoom webinar - Race Based Bullying Training

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MAC, MLRI, and CFJJ are excited to present the second part of their training series on bias, bullying, and harassment based on race and ethnicity in schools on Thursday, November 3rd from 10-12 via Zoom. 

Here is the registration link for the November 3rd training:

https://us06web.zoom.us/meeting/register/tZEkdu2hqTMsEtAn-0Gs2WnCLxy25pj6PJ8K

The second part of our training series in on racist bullying in the Bay State and includes:

  • Defining racial discriminatory bullying/harassment
  • State law
  • Best practices 
  • Questions and Answers

The first training session on September 29th was not recorded because of federal policy but we took notes.  You can find them here.  Within the notes, you can view the chat and many of the questions posed.

Materials from 9/29 training session are provided below:

Racial Incidents and Harassment Against Students, U.S. Dep’t of Education, Office for Civil Rights (1994), available at:

https://www2.ed.gov/about/offices/list/ocr/docs/race394.html

https://www2.ed.gov/about/offices/list/ocr/docs/race394.pdf

https://www2.ed.gov/about/offices/list/ocr/docs/race394.html

Combating Discrimination Against AANHPI and MASSA Students, U.S. Dep’t of Justice, U.S. Dep’t of Education, White House Initiative on Asian Americans and Pacific Islanders (2016), available at:

https://www2.ed.gov/about/offices/list/ocr/docs/aanhpi-massa-factsheet-201606.pdf

and Know Your Rights: Title VI and Religion, U.S. Dep’t of Education, Office for Civil Rights (2017), available at: https://www2.ed.gov/about/offices/list/ocr/docs/know-rights-201701-religious-disc.pdf

All materials are also found here:  https://www.masslegalservices.org/library/directory/racial-justice/education/race-based-bullying

Finally, I am including our survey following the presentation for those who did not have a chance to fill it out on the 29th.   Survey – https://qfreeaccountssjc1.az1.qualtrics.com/jfe/form/SV_03vkdNLUwB1kybQ?jfefe=new

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Children’s Autism Medicaid Waiver

Learn about the children's autism medicaid waiver

What is the children's autism medicaid waiver and should you know about it?

 

Screen Shot 2022 09 28 at 10.04.36 AM | word2https://www.mass.gov/lists/dds-autism-waiver-service-program-awp-open-interest-period-2022DDS Autism Waiver Service Program (AWP) Open Interest Period 2022

The opportunity to apply for this waiver is through the open request period which will be held from October 14 – October 31, 2022
 

The Autism Division of the Department of Developmental Services (DDS) runs an Autism Waiver Program that provides one-to-one interventions to help children with autism who exhibit severe behavior, social and communication problems through a service called Expanded Habilitation, Education (intensive in-home services and supports). This service occurs in the child’s home or other natural settings under the supervision of trained clinical staff and is available for a total of three years. The Autism Waiver Program also provides related support services such as community integration activities and respite. At the conclusion of the three years of intensive services, a child may access supplemental services that meet the child’s needs and help with the transition out of the intensive Autism Waiver Program until the child’s 10th birthday.

DDS Autism Waiver Service Program Overview | Mass.gov

The Children’s Autism Home and Community Based Services Waiver Program The Autism Waiver Program (AWP) allows children to receive Expanded Habilitation, Education, in-home services and supports, such as Applied Behavioral Analysis (ABA) and Floor Time, for a total of up to 3 years.

The Autism Waiver Program (AWP) allows children to receive Expanded Habilitation, Education, in-home services and supports, such as Applied Behavioral Analysis (ABA) and Floor Time, for a total of up to 3 years. At the conclusion of the three years of the intensive in-home services, a child may access ongoing Supplemental Services (for example respite and goods and services, etc.) that meet the child’s needs and help with the transition out of the intensive Autism Waiver Program until the child’s 10th birthday.

www.mass.gov

Special Needs Trusts Online Can Help!

About Tom Sannicandro
Tom Sannicandro

I am a Special Needs Trust Attorney and I am here to help. I am the founder of a nonprofit corporation to that provides quality affordable Special Needs Trusts to families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

Source: specialneedstrustsonline.com

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Social Security Benefits for Adults with Disabilities

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Social Security Benefits For Adults

download 2 | word2If your child is about to turn 18 you should definitely apply for Social Security Benefits for your child. These benefits can be in the form of Supplemental Security Income, (SSI), Social Security Disability, (SSDI), or they can collect off of your Social Security benefit if you are already collecting Social Security or SSDI.  It is best to begin this application process as soon as possible to get these benefits in place.

Social Security Disability Benefits | SSA

The Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs provide assistance to people with disabilities. This page provides detailed information to help you understand what to expect from Social Security during the application process.

Before you apply, please review the basics to make sure you understand the process. Also, gather the information and documents you’ll need to complete an application.

Source: ssa.gov

The Basics About Disability Benefits

The SSDI program pays benefits to you and certain family members if you are “insured.” This means that you worked long enough – and recently enough – and paid Social Security taxes on your earnings. The Supplemental Security Income (SSI) program pays benefits to adults and children with disabilities who have limited income and resources.

While these two programs are different, the medical requirements are the same. If you meet the non-medical requirements, monthly benefits are paid if you have a medical condition expected to last at least one year or result in death.

Source: ssa.gov

The Disability Application Process

Whether you apply online, by phone, or in person, the disability benefits application process follows these general steps:

  • You gather the information and documents you need to apply. We recommend you print and review the Adult Disability Checklist. It will help you gather the information you need to complete the application.
  • You complete and submit your application.
  • The Social Security Office will review your application to make sure you meet some basic requirements for disability benefits.

They will:

  • check whether you worked enough years to qualify.
  • evaluate any current work activities.
  • process your application and forward your case to the Disability Determination Services office in your state.
  • This State agency makes the disability determination decision.

To learn more about who decides if you are disabled, read their publication Disability Benefits

Source: ssa.gov

Look For Their Response

You’ll receive a letter in the mail with their decision. If you included information about other family members when you applied, they’ll let you know if they may be able to receive benefits on your record. Source: ssa.gov

Check The Status

You can check the status of your application online using your personal my Social Security account. If you are unable to check your status online, you can call us 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday. Source: ssa.gov

Appeal A Decision

You have the right to appeal any decision we make about whether you’re entitled to benefits. You must request an appeal in writing within 60 days of receiving our decision. There are four levels of appeal:

  • Reconsideration.
  • A hearing before an administrative law judge.
  • A review by Social Security’s Appeals Council.
  • A review by the federal courts.
  • Learn More or Appeal a Decision
  • Check Application or Appeal Status

Source: ssa.gov

Information You Need to Apply

Before applying, be ready to provide information about yourself, your medical condition, and your work. We recommend you print and review the Adult Disability Checklist. It will help you gather the information you need to complete the application. Source: ssa.gov

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance (SSDI) is for people who have become disabled after earning enough Social Security work credits within a certain time. spouse or former spouse and your children may be eligible for benefits when you start getting SSDI. Source: usa.gov

How to Apply for SSDI

apply for SSDI benefits online, by phone, or in-person If your application is approved, you’ll have a five-month waiting period for benefits to start. If your application is denied, you can appeal the decision. Source: usa.gov apply for SSI by phone, in person at a local Social Security office, or in some cases online. To apply for SSI for a child, you can start the process online but will need to complete it either in person or by phone. Source: (usa.gov)

How to Apply for Supplemental Security Income (SSI)

apply for SSI by phone, in person at a local Social Security office, or in some cases online. To apply for SSI for a child, you can start the process online but will need to complete it either in person or by phone. You can appeal If your application is denied. Source: usa.gov

 

 

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Special Needs Trusts Online Can Help!

I am a Special Needs Trust Attorney and I am here to help. I am the founder of a nonprofit 501(c)(3) corporation that provides quality affordable Special Needs Trusts to families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

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Resources For Youth With Disabilities Transitioning Into Adulthood

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Here is a List Of Resources For Youth With Disabilities

This directory includes government and private organizations that offer resources or supports for youth with disabilities transitioning into adulthood.

Government

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Resources for Military Families With Special Needs

A List Of Resources for Military Families With Special Needs

EFMP & Me Online Tool Empowers Military Families With Special Needs

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Little girl with special needs spending time with mother in park

For families with special needs, the Department of Defense Office of Special Needs Exceptional Family Member Program provides support and resources to help you thrive in military life. Now, the new EFMP & Me online tool, available through Military OneSource, expands and tailors support to help you quickly navigate services, connect with resources and advocate for yourself or your family member with special needs ‒ anytime, anywhere.

Designed for military families with special needs ‒ with the caregiver in mind ‒ EFMP & Me can be used by both families enrolled in EFMP and those who are eligible to enroll. The website also gives EFMP Family Support providers and military leaders another tool to guide families to the resources they need.

Ways EFMP & Me puts you in charge

EFMP & Me can be used on any computer or mobile device – so you always have information and resources at your fingertips:

  • Help understanding and finding medical and educational resources
  • Step-by-step support for EFMP enrollment, PCS preparation, deployment and other military life moments
  • Convenient 24/7 access to EFMP resources and services from a range of programs.

Begin using the tool by answering a few questions on the homepage. Then, you can select the categories that reflect your needs and interests, including:

  • About EFMP and Enrollment
  • Child Care
  • Education
  • Medical
  • Deployment
  • Accessibility and Housing
  • PCS
  • Family and Community Life
  • Separation and Retirement
  • Long-Term Financial Planning

The tool lets you choose from the checklists available in each category. Each checklist can be expanded to display related tasks, tips, programs, and other resources. Tips often include links to helpful resources outside of the tool. If you are logged in, you can save your progress on a checklist, return to it another time, or download a PDF of the checklist.

You do not need a Military OneSource account to use the tool. However, an account allows you to save your checklists and return to them anytime. Follow the directions on the homepage to log in or create an account.

You can also use EFMP & Me to sign up for the quarterly Exceptional Advocate eNewsletter, a publication for families with special needs, to contact EFMP Family Support staff, or to learn more about how the program can help you and your family.

EFMP & Me enhances and supplements the services of the Exceptional Family Member Program Family Support, which are available to families at their nearest installation office. EFMP serves families by making sure special needs are considered during assignments and by easing access to assistance wherever families are.

TAKE ME TO EFMP & ME
 

Special Needs Trusts Online Can Help!

I am a Special Needs Trust Lawyer and I am here to help. I am the founder of a 501(c)(3) nonprofit corporation that provides quality affordable Special Needs Trusts to families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

Source: specialneedstrustsonline.com

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Free Special Education Law Resources

A List Of Free Special Education Law Resources

Special Education Law | word2

Understanding the Rights of Children with Disabilities: Tools for Parents & Advocates

 

“KNOW YOUR CHILD’S RIGHTS!”A MONTHLY TRAINING PROGRAM IN SPECIAL EDUCATION LAW:

The Law Center offers “Know Your Child’s Rights!” workshops, a year-long training program focused on specific issues faced by parents, teachers, advocates, lawyers and others involved in special education. Each monthly session focuses on a specific issue (past topics have included assistive technology, zero tolerance policies, and creating an IEP), and empowers attendees with the knowledge to navigate these systems and secure needed services for children with disabilities. CLE credit is available.

All sessions are available by webinar (CLE credit only available for in-person attendees). In order to guarantee that this information is available to all who need it, you can choose your own price based on what you feel you can afford.  Please visit the Upcoming Events page for information on upcoming sessions and registration information.

INFORMATIONAL VIDEOS:

In 2011, students from the Earle Mack School of Law at Drexel University worked with the Law Center to create these short, informational videos to help parents understand their child’s rights and how to secure them.

  1. Your Child’s Rights by Daniel Colbert – explains how a child is recommended for special education, evaluated, and given an Individual Education Plan (IEP) and a special education placement.
  2. Parents’ Rights by Neha Yadav and Aminah Shabazz – gives a brief overview of parents’ rights in the special education system. It explains the process when requesting an evaluation and what rights parents are entitled to.
  3. How Does the Evaluation Process Work? by Anette Thomas and Cira Davis – about the evaluation process that precedes placement in special education. It covers how to request an evaluation and what the process is when the school requests an evaluation.
  4. After an IEP: What’s Next in Special Education? by Margaret Wheltle – goes through the process of what happens after a student is identified for special education. It covers the creation of the student’s education plan, how to change the plan, and what parents can do if they disagree with the plan.

What to Watch Out for This School Year: Important Information For Parents Of Children With IEPs:

Schools are legally obligated to provide special education services without gaps or delays. The Law Center and other Philly-area advocacy organizations have put together a guide for making sure your child gets the special education services he or she needs this coming school year. What to Watch out For

EDUCATION LAW CENTER’S ONLINE RESOURCES :

The Education Law Center (ELC) offers a number of useful fact sheets and manuals for parents on a wide range of topics including early intervention, discipline, evaluations, and general special education rights.

IEP CHECKLIST APP:

The Parent Educational Advocacy Training Center has created an iPhone app to help parents better advocate for their child during the IEP process.

RULES REGARDING TIMELY SPECIAL EDUCATION EVALUATIONS DURING SCHOOL BREAKS
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, INITIAL EVALUATIONS OF CHILDREN SUSPECTED OF HAVING DISABILITIES MUST BE CONDUCTED WITHIN 60 (CALENDAR) DAYS OF RECEIVING PARENTAL CONSENT FOR THE EVALUATION OR IF THE STATE ESTABLISHES A TIME FRAME WITHIN WHICH THE EVALUATION MUST BE CONDUCTED WITHIN SUCH TIMEFRAME. PENNSYLVANIA, HOWEVER, HAS TAKEN THE VIEW THAT EVALUATIONS MUST BE COMPLETED WITHIN 60 CALENDAR DAYS, “EXCEPT THAT THE CALENDAR DAYS FROM THE DAY AFTER THE LAST DAY OF THE SPRING SCHOOL TERM UP TO AND INCLUDING THE DAY BEFORE THE FIRST DAY OF THE SUBSEQUENT FALL SCHOOL TERM WILL NOT BE COUNTED.”

In a recent opinion letter, Letter to Reyes, the U.S. Department of Education explained that while a state may have a longer time frame for the initial evaluation, there is simply no exception that permits the initial evaluation timeline to be suspended because of a school break. Therefore, although conducting evaluations during extended breaks can pose challenges for school districts, the U.S. Department of Education explained that the State and its local educational agencies have a duty to identify and evaluate all children with disabilities in order to ensure that a free appropriate public education is made available to them in a timely manner.

Special Needs Trusts Online Can Help!

I am a Special Needs Trust Lawyer and I am here to help. I am the founder of a 501(c)(3)  nonprofit corporation that provides quality affordable Special Needs Trusts to families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

Source: specialneedstrustsonline.com

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Free Special Education Law Tools

On this “Cool Tools” page, you will find free special education law tools.

These tools will help you learn about IDEA requirements, get answers to your questions, find federal law or regulations, and access additional resources. Use these cool tools as you learn special education advocacy tactics and strategies to help you anticipate problems, manage conflict, and avoid crises.

Pop-Ups

aat2.popup | word2Developing Your Child’s IEP. Click on the pop-up box to learn about IDEA requirements, see answers to your questions, find federal law or regulations that support these answers, and a list of additional resources.

Special Factors in IEPs. Find what special factors need to be considered by the IEP team, how the IEP must address these factors, and learn what the federal law and regulations require.

Resolving IEP Disputes. Click on the pop-up box to learn strategies to resolve disagreements, steps to take if you disagree with the school, and options you have if unable to resolve disputes.

Assessing Reading Difficulties & Disabilities Pop-Up. Reading assessment is the first step in identifying your child’s problems and developing solutions so she can improve her reading. Find out about reading skills and what tests are used to measure these skills.

Source: Wrightslaw.com

Special Needs Trusts Online Can Help!

I am a Special Needs Trust Lawyer and I am here to help. I am the founder of a 501(c)(3)  nonprofit corporation  that provides quality affordable Special Needs Trusts to families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

Source: specialneedstrustsonline.com

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The Best Free Legal Research Tools

Legal Research 01 | word2

Here Are the Best Free Legal Research Tools

7 Free legal search engines and databases

The combination of more legal resources being digitized and the development of new technologies means that there’s now an overwhelming amount of legal information that can be found online. The good news? Many of these legal research resources can be found online for free (If you want to really dive deep, browse this comprehensive resource for an in-depth listing of free legal research options.)

Below, we’ve curated seven of the best free search engines and databases help you sort through the information to find exactly what you need for your legal research:

1. Fastcase: For an online law library

As one of the largest online law libraries in the world, Fastcase provides online access to case law, statutes, regulations, constitutions, court rules, and law review articles—making legal research and analysis faster and easier.

And, thanks to an integration with Clio, using Fastcase makes it simple to accurately monitor the time you spend on legal research and keep your research well-ordered. Without ever having to leave Fastcase, the Clio integration allows you to:

  • Create Clio time entries for time spent on research
  • Save your results as case documents in Clio
  • Keep your research organized according to each case

While Fastcase offers a variety of paid desktop plans (you can try a free trial to test them out), their free mobile app is available for iOS, Android, and Windows Phone—and anyone with the app can access Fastcase’s comprehensive legal research database on the go, for free.

Fastcase also has the most member benefit deals with bar associations of any legal research provider. You may already have access through your bar dues.

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2. CourtListener: For legal opinions

Sponsored by the Non-Profit Free Law Project, CourtListener is a legal research website featuring millions of legal opinions from federal and state courts. Search CourtListener by case name, topic, or citation—the data is all free to access and updated daily.

3. Caselaw Access Project: For book-published case law

As part of a mission to make all published US court decisions freely available to publish online, the Caselaw Access Project (CAP) offers free access to all official, book-published US case law—every volume designated as an official report of decisions by a court within the United States through June 2018 (Fun fact: The earliest case available is from 1658.). The 360 years of United States case law data was digitized from the collection of the Harvard Law Library.

4. FindLaw: For searchable Supreme Court decisions

Designed to make the law more accessible to all, FindLaw’s FindLaw for Legal Professionals division offers free online legal content including case law from state and federal courts, case summaries, statutes, and legal news.

FindLaw also offers a browsable, searchable database of US Supreme Court decisions since 1760. Browse Supreme Court opinions by year and US Reports volume number, or search by party name, case title, citation, full text, and docket number. FindLaw also features an archive of Supreme Court opinion summaries since the year 2000.

5. Legal Information Institute: For US law online and a legal encyclopedia

Legal Information Institutes (LII) are a global resource that offers open access to law knowledge. There are over 46 LII associations around the world that publish source law through their own search engines, providing freely accessible case laws, regulations, and statutes unique to those countries.

The Legal Information Institute (LII) at Cornell Law School provides access to most US laws online for free, making it a good resource when you need to find a statute or regulation, while also providing online access to legal materials like the:

  • Supreme Court Bulletin
  • State statutes by topic
  • US Code
  • Electronic Code of Federal Regulations (e-CFR)
  • Constitution
  • Federal Rules
  • Uniform Commercial Code
  • World law

Another free research resource hosted by LII is Wex—a free, community-built legal dictionary and legal encyclopedia created and edited by legal experts.

6. Casetext and ROSS: For AI assistance

Technically, number six on this list isn’t free, but low-cost artificial intelligence-powered options for legal research can make a huge difference for your bottom line. Powered by AI to help you conduct legal research better and faster, Casetext’s search finds you cases and other authorities on the same facts, legal issues, and jurisdiction as your matter.

The process is simple: Drag and drop a brief or complaint, and Casetext’s artificial intelligence search, CARA, finds relevant cases—whether to enhance your research for your own drafts, or to check for missing or omitted cases within opposing council’s briefs and complaints. The practice is even smoother via Casetext’s Clio integration, which lets you send a document from Clio to CARA in a single click.

Casetext’s AI search is a paid-but-low-cost option for legal research—though you can try for free with a 14-day trial.

A paid subscription to ROSS Intelligence is another way to leverage AI to enhance your legal research. Ross’s AI-powered tool lets you focus your research by emphasizing the unique facts of your case, and helps you identify cases with the same procedural posture presented in your case, plus much more.

7. Justia: For the latest summaries sent straight to you

Research case law, codes, statutes, regulations, and articles related to federal and state cases with Justia’s extensive, free database.

And, for staying effortlessly well-informed on specific practice areas, Justia will send the latest straight to your inbox with an array of free newsletters ranging from daily summaries of opinions from all federal appellate courts and all 50 state supreme courts to weekly summaries of opinions in certain practice areas.

Beyond legal databases: Other free research resources

As valuable as legal databases are for your case research, there are also other alternative sources where you can find information and resources to support your legal research. Below, we offer a few free and cost-effective options for help build your case.

1. Primary sources: For going straight to the source

Sometimes, the easiest way to get the information you need is to be direct. You can find many case law and court documents online for free. Legislatures and courts are publishing their own materials, which are sometimes available online as downloadable PDFs—a convenience that until recently has never existed. However, keep in mind that some online versions are not considered “official” and can be refuted by the print version, even though they come from the same source.

Here are some resources you can access directly online:

Keep in mind, however, that while this information might be easy to access through primary sources, you’ll likely miss out on the advanced search functions or analysis features that you’d find with legal search engines and databases.

Also, older legal information may not be available online yet. In this situation, visiting a library may be helpful as you will be able to find archived legal information that is unavailable elsewhere. Also, you may find potential collaborators in your colleagues (and the librarians) who will be researching there as well. These collaborators will be a great source for information on what arguments worked in the past, and may help you find local knowledge you might not be able to uncover yourself.

If you are a member of a bar association, you should also make full use of the resources available to you through your member benefits, such as:

  • Courthouses
  • Law schools
  • Bar Association headquarters

2. Legal blogs: For keeping up-to-date

One of the best ways to become a more efficient legal researcher is to stay ahead of the game. The best way to do that? Maintain your subject matter competency by keeping up-to-date on the latest developments in your practice area by regularly reading legal journals and legal blogs.

A great place to find the best of the best when it comes to legal blogs is through the American Bar Association (ABA)’s annual list, which started in 2007 as the Blawg 100 list of blogs, and has evolved into the Web 100 list of favorite law blogs, podcasts, tweeters, and web tools—a.k.a. a list of the best free law-focused resources and people to follow.

LexBlog—an online network of over 22,000 legal bloggers—is a hub of the latest commentary on the law. Sorting blogs by channels, LexBlog makes it easy to find and subscribe to legal blogs that focus on your specific area of law.

The direct research benefit of staying in the loop? By maintaining subject-matter competency, you’ll already have certain cases and ideas in mind—so that when you’re presented with a case, you won’t be starting from scratch every time.

3. Google Scholar: For searching legal journals and published opinions

While not specifically tailored to legal research, Google Scholar allows you to broadly search and access scholarly literature—which means it’s an effective, free way to find legal documents like patents, legal opinions, legal journals, and articles.

Want the simplest way to search case law? On the Google Scholar main page, select the “Case Law” button under the search box to easily search case law, filtered by jurisdiction.

Special Needs Trusts Online Can Help!

I am a Special Needs Trust Attorney and I am here to help. I am the founder of a nonprofit corporation that provides quality information about Able Accounts and affordable Special Needs Trusts to families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

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Special Education Basics

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10 Basic Steps in Special Education | Center for Parent Information and Resources

When a child is having trouble in school, it’s important to find out why. The child may have a disability. By law, schools must provide special help to eligible children with disabilities. This help is called special education and related services.

There’s a lot to know about the process by which children are identified as having a disability and in need of special education and related services. 

This brief overview is an excellent place to start. Here, we’ve distilled the process into 10 basic steps. Once you have the big picture of the process, it’s easier to understand the many details under each step. We’ve indicated throughout this overview where, on our site, click here to ask a question via email or you can set up a free appointment for a consult by clicking here.

Step 1. Child is identified as possibly needing special education and related services.

There are two primary ways in which children are identified as possibly needing special education and related services: the system known as (which operates in each state), and by referral of a parent or school personnel. Child Find

Child Find. Each state is required by IDEA to identify, locate, and evaluate all children with disabilities in the state who need special education and related services. To do so, states conduct what are known as Child Find activities.

When a child is identified by Child Find as possibly having a disability and as needing special education, parents may be asked for permission to evaluate their child. Parents can also call the Child Find office and ask that their child be evaluated.

Referral or request for evaluation. A school professional may ask that a child be evaluated to see if he or she has a disability. Parents may also contact the child’s teacher or other school professional to ask that their child be evaluated. This request may be verbal, but it’s best to put it in writing.

Parental consent is needed before a child may be evaluated. Under the federal IDEA regulations, evaluation needs to be completed within 60 days after the parent gives consent. However, if a State’s IDEA regulations give a different timeline for completion of the evaluation, the State’s timeline is applied.

Step 2. Child is evaluated.

is an essential early step in the special education process for a child. It’s intended to answer these questions: Evaluation

Does the child have a disability that requires the provision of special education and related services?

What are the child’s specific educational needs?

What special education services and related services, then, are appropriate for addressing those needs?

By law, the initial evaluation of the child must be “full and individual”—which is to say, focused on that child and that child alone. The evaluation must assess the child in all areas related to the child’s suspected disability.

The evaluation results will be used to decide the child’s eligibility for special education and related services and to make decisions about an appropriate educational program for the child.

If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE). They can ask that the school system pay for this IEE.

Step 3. Eligibility is decided.

A group of qualified professionals and the parents look at the child’s evaluation results. Together, they decide if the child is a “,” as defined by IDEA. If the parents do not agree with the eligibility decision, they may ask for a hearing to challenge the decision. child with a disability

Step 4. Child is found eligible for services.

If the child is found to be a child with a disability, as defined by IDEA, he or she eligiblefor special education and related services. Within 30 calendar days after a child is determined eligible, a team of school professionals and the parents must meet to write an (IEP) for the child. individualized education program

Step 5. IEP meeting is scheduled.

The school system schedules and conducts the IEP Meeting . School staff must: 

contact the participants, including the parents;

notify parents early enough to make sure they have an opportunity to attend;

schedule the meeting at a time and place agreeable to parents and the school;

tell the parents the purpose, time, and location of the meeting;

tell the parents who will be attending; and

tell the parents that they may invite people to the meeting who have knowledge or special expertise about the child.

Step 6. IEP meeting is held and the IEP is written.

The gathers to talk about the child’s needs and write the student’s IEP. Parents and the student (when appropriate) are full participating members of the team. If the child’s IEP team

Before the school system may provide special education and related services to the child for the first time, the parents must give consent. The child begins to receive services as soon as possible after the IEP is written and this consent is given.

If the parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. If they still disagree, parents can ask for , or the school may offer mediation. Parents may file a mediation

Step 7. After the IEP is written, services are provided.

The school makes sure that the child’s IEP is carried out as it was written. Parents are given a copy of the IEP. Each of the child’s teachers and service providers has access to the IEP and knows his or her specific responsibilities for carrying out the IEP. This includes the that must be provided to the child, in keeping with the IEP. accommodations, modifications, and supports

Step 8. Progress is measured and reported to parents.

The child’s progress toward the annual goals is measured, as stated in the IEP. His or her parents are regularly informed of their child’s progress and whether that progress is enough for the child to achieve the goals by the end of the year. These must be given to parents at least as often as parents are informed of their nondisabled children’s progress. progress reports

Step 9. IEP is reviewed.

The child’s IEP is reviewed by the IEP team at least once a year, or more often if the parents or school ask for a review. If necessary, the IEP is revised. Parents, as team members, must be invited to participate in these meetings. Parents can make suggestions for changes, can agree or disagree with the IEP, and agree or disagree with the placement.

If parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. There are several options, including additional testing, an independent evaluation, or asking for mediation, or a due process hearing. They may also file a complaint with the state education agency.

Step 10. Child is reevaluated.

At least every three years the child must be reevaluated. This evaluation is sometimes called a “triennial.” Its purpose is to find out if the child continues to be a child with a disability, as defined by IDEA, and what the child’s educational needs are. However, the child must be reevaluated more often if conditions warrant or if the child’s parent or teacher asks for a new evaluation.

Special Needs Trusts Online Can Help!

I am a Special Needs Trust Attorney and I am here to help. I am the founder of a nonprofit corporation that provides quality information about Able Accounts and affordable Special Needs Trusts to families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

Source: specialneedstrustsonline.co

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