Special Needs Planning & Special Education Law

The Falcon Rappaport & Berkman Special Needs Planning and Special Education Law Practice Group is dedicated to providing comprehensive legal services to individuals with disabilities and their families. Our team leverages extensive experience and deep knowledge to help clients navigate the complexities of planning for the future while ensuring eligibility for essential government benefits.

Special Needs Trusts

People with disabilities often depend on government benefits such as Supplemental Security Income (SSI) and Medicaid, which have strict financial eligibility limits. Inheriting money or property may disqualify a person with a disability from receiving these essential benefits. The creation of a Supplemental or Special Needs Trust (SNTs) enables you to set aside money to provide for the future of an individual with special needs without affecting their eligibility to receive SSI or Medicaid, and ensures access to extra funds, such as an inheritance or lawsuit award. We guide our clients through the complex issues involved in establishing all types of SNTs, including First-Party Special Needs Trusts, Third-Party Special Needs Trusts, and Pooled Trusts. When determining the best SNT for our clients’ needs, we consider factors such as the source of the funds to be placed into the SNT, eligibility for government benefits and the unique needs of the beneficiary.

Article 17-A Guardianship in New York

Once a person turns eighteen in New York they are considered a competent adult regardless of disability. If your loved one needs a legal guardian because of an intellectual or developmental disability he or she may qualify for an Article 17-A Guardianship. Under Article 17-A, a legal guardian may help with decision-making related to personal, financial and legal affairs and ensure that the rights and interests of individuals with intellectual and/or developmental disabilities’ are met.

Special Education Law

Students with special needs often have different educational needs than their peers. Under federal and state law, students with disabilities are entitled to a free appropriate public education, also known as a FAPE.

We offer consultations to parents and guardians who are navigating the special education process with their school district on their own or who need advice on what should be included in their child’s Section 504 Plan or Individual Education Plan (IEP). This may include how to proceed at Committee on Special Education (CSE) meetings to obtain the services and support a student with specific needs is entitled to under the law.

We also provide representation to parents at CSE meetings in order to ensure that appropriate services are recommended in the child’s IEP and that placement recommendations are individually tailored to meet the unique needs of each child.

How Can We Help?

The attorneys at Falcon Rappaport & Berkman understand the unique challenges faced by individuals with disabilities and their caregivers. We offer a full suite of legal services tailored to those requiring special needs planning and their families. Please contact us today to learn more about how we can assist you in planning for the future and ensuring the well-being of your loved ones.