LOMAH Disability Podcast

Latest Episodes:

#107 - Government Benefits Mar 24, 2020

Show notes

SSI and SSDI are widely used government benefits. Our guest has 35+ years with the Social Security Administration and shares tips and tricks of the application process and what to do should the application be denied.

About the Guest:

Marlene Ulisky is a Disability Benefits Expert with the ABLE National Resource Center and a Manager of Financial Empowerment and Disability Benefits at the National Disability Institute.

She retired from the Social Security Administration after a 35+ year career. She was one of 58 Area Work Incentives Coordinators from across the country who developed expertise in SSA employment support programs. After her retirement from SSA she was certified as a Community Partner Work Incentives Counselor through Virginia Commonwealth University, worked for the Florida Office of Vocational Rehabilitation as a Consultant to establish the Partnership Plus Program under the Ticket to Work legislation and was later contracted by SSA to assist them with managing critical integrity workloads. She continues to work as a disability consultant for the State of Florida and for private individuals. She is the proud Aunt of an individual with an intellectual disability and she has helped him to achieve his goals.

***This episode is the 7th of 12 focusing on Special Needs Financial Planning

***Find Kim on Instagram @journey2lomah

#106 - Disability Tax Deductions & Taxation of Trusts, ABLE Accounts, SSI and SSDI Payments Mar 17, 2020

Show notes

With proper documentation, many expenses qualify as medical deductions. Likewise, Special Needs Trusts and ABLE accounts have unique taxation rules. This episode is two in one with the first half covering how to get documentation necessary to cover medical deductions not commonly considered. The second half of the show discusses the taxation of Special Needs Trusts and ABLE accounts as well as the taxation of SSI and SSDI payments.

Show Notes with links to mentioned content at https://www.lomah.org/podcastseason4/105

About the Guest: Michael C. Walther II CPA/PFS, CFP®, CFA®

Mike is the founder of Oak Wealth Advisors with a personal mission to "to assist families in their efforts to provide loved ones with special needs with the financial resources and other supports necessary to live their lives to their fullest potential." He is a frequent presenter at national conferences for professional organizations and non profit as well as a lecturer for universities. Mike is involved in many charities and can be found in print at Business Week, Investment News, The Wall Street Journal, The New York Times, The Washington Post, and others. He has appeared on CNBC, and ABC News. Mike was the first Illinois financial planner admitted into the Academy of Special Needs Planners.

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#105 - ABLE Accounts Mar 10, 2020

Show notes

ABLE accounts are fairly new on the scene and are unique in their tax benefits, ease of set up, and the financial freedom they offer individuals with disabilities.

Our guest addresses ABLE account myths, informs us what homework needs to be done prior to opening an ABLE account, how ABLE accounts can and can not be used, and how they offer freedom unlike any other financial planning tool.

About the Guest:

Miranda Kennedy is the Director of the ABLE National Resource Center. Miranda's expertise is in the areas of outreach and education, researching and analyzing policy issues, developing and executing training and implementing promising practices in the areas of youth in transition, workforce development, cross-system service coordination and asset development. From 2006 to 2018 Miranda served as the Director of Training and Senior Technical Advisor for the Disability Employment Initiative and Disability Program Navigator Initiative, contracted by the U.S. Department of Labor, increasing the capacity of the public workforce system to better serve and achieve integrated, competitive employment outcomes for job seekers with disabilities.

Miranda holds a master's degree in Public Policy from the University of Denver Institute for Public Policy Studies and a Bachelor of Arts in English Literature from the University of Colorado at Boulder. She lives outside of Boulder, Colorado with her two children.

Links to content mentioned can be found at https://www.lomah.org/podcastseason4/105

Find Kim on Instagram @journey2lomah

***This episode is the 5th in a series of 12 focusing on Special Needs Financial Planning***

#104 - Memorandum of Intent and Other Considerations Mar 03, 2020

Show notes

Drafting a Special Needs Trust is only the foundation of sound planning. On that foundation are additional documents and steps to take. In this episode we discuss two.

First, the memorandum of intent which gives direction on wishes and day to day care. This episode covers what to put in the memo of intent, ensuring it is easy to find, being bold yet discreet in wishes that others may not like, and why you should not store it in your safe at home.

The second consideration discussed is the importance of funding the trust via retitling to avoid probate.

Show notes for this episode are at https://www.lomah.org/podcastseason4/104

Find Kim on instagram as journey2lomah

About the Guest

Michele P. (Fuller) Urbatsch is the founder of Michigan Law Center, P.L.L.C, and President of Advocacy, Inc., a non-profit organization. Her law practice focuses on advocacy, protection, and asset preservation for persons with disabilities, including working in the following areas of law: elder law, special needs planning, special needs trust administration, and settlement planning.

Michele was recently appointed Special Assistant Attorney General to assist in settlement planning for the Flint Water cases. She is the former Chair of the Elder Law and Disability Rights Section (ELDRS) of the State Bar of Michigan and has leadership positions in several national organizations: Advisory Board Member of the Academy of Special Needs Planners (ASNP) and Michigan Chapter of NAELA Board of Directors. She is also active in the National Academy of Elder Law Attorneys (NAELA), the Michigan Association for Justice, and a regular contributor for the Institute for Continuing Legal Education (ICLE).

Michele is honored to have received the 2018 State Bar of Michigan Unsung Hero Award, given annually to an attorney demonstrating dedication in their practice for the betterment of others. She has also been nominated to the Super Lawyers list for the last several years. Other awards she has received include: American Institute of Legal Counsel 10 Best Elder Law Attorneys 2016-2019, and Distinguished Lawyers 2016-2019 by The Expert Network, given to the top 3% of attorneys in the nation. She was also named the Women-in-Law Elder Law and Special Needs Planning Attorney of the Year by Lawyer's Monthly Magazine in 2016. Parenting Magazine also named Michele the Top Special Needs Child Advocate in 2013.

Michele and her award-winning special needs attorney and spouse, Kevin Urbatsch, frequently write together. Their publications include: Administering the Michigan Special Needs Trust; the 2nd and 3rd editions of Administering the California Special Needs Trust;and Special Needs Trusts: Protect Your Child's Financial Future, 6th and 7th Editions, NOLO Press. She is also the author of Saving Grace, an elder law client's experience, and Finding Peace: a guide for caregivers, to be published in 2020.

Michele and Kevin have also co-authored several nationally published articles, including Traps for the Unwary During Special Needs Trust Administration, in Estates and Trusts Magazine, the Future of Planning for Persons with Disabilities which was published in the Fall 2013 edition of the NAELA Journal, and Pooled Trusts: An Approach to Special Needs Planning for Families of Modest Means, published in the May-June 2013 edition of BiFocal, a Journal of the ABA Commission on Law and Aging. Michele has also contributed to Michigan Bar Journal, Planning for a Person with Disabilities, Considerations when Settling a Lawsuit for an Individual Lacking Capacity or a Minor, and Divorce and Disability: Identifying and Resolving the Unique Issues of a Spouse with Disabilities. In addition to the Michigan State Bar Journal, Michele has contributed to the MAJ Journal, Elder Law Answers, NAELA news, and other publications.

Michele is a frequent presenter for various national and statewide organizations such as ElderCounsel, MassMutual, the American Bar Association, American Association for Justice, Michigan Association for Justice, the Institute of Continuing Legal Education, Michigan Brain Injury Association of Michigan and the Michigan Guardianship Association, among others. She is of council for several non-profit organizations, national and statewide, which administers pooled special needs trusts.

Michele graduated with Honors as a member of the James Madison College at Michigan State University with a Bachelor of Arts in International Relations. Michele then attended American University International Law Masters program and obtained her Juris Doctor from the University of Detroit Mercy School of Law.

#103 - Choosing & Training the Trustee of a Special Needs Trust Feb 25, 2020

Show notes

The Trustee of a Special Needs Trust has an incredible amount power over the distribution of funds for the individual with disabilities. Not only must they act in the best interests of the beneficiary with special needs but the trustee's job must be done flawlessly because mistakes could result in the loss of benefits for the person with disabilities.

In this episode we learn how to choose and train the appointed trustee. The show covers 4 qualities a trustee must have, why we should rethink the role of siblings, potential models that can be utilized, and a reason why a special needs trust may not be the best option for some adults with disabilities.

About the Guest:

Stephen W. Dale received his JD from Armstrong Law School and his LL.M. in Taxation from Golden Gate University in 2001. The Dale Law Firm was established in 1992 in order to provide quality estate planning to clients by working cooperatively with the clients' tax, financial and insurance professionals.

Mr. Dale is disability rights advocate whose interest in the disability community began at an early age. He comes from a family of institutional workers that served in California's State Hospitals and Developmental Centers for over 3 generations. Stephen worked for 17 years as a psychiatric technician in a variety of institutions in California, and later became an intern at the Disability Rights Education and Defense Fund (DREDF) working on disability access cases before starting his own practice focused on drafting and administering special needs trusts.

He serves on the boards of the Arc of California and the Contra Costa County Developmental Disabilities Counsel. He spends much of his time attending disability rights activities, including legislative hearings and serving on boards and committees of disability-rights organizations.

He is also the trustee of the Golden State Pooled Trust which serves beneficiaries in California. Part of his duties is to oversee a series of MCLE programs accredited by the California State Bar, which provides education to attorneys and trustees on a wide variety of disability related subjects focused on quality of life for persons with disabilities.

He is the recipient of the 2010 Theresa Foundation Award and the 2007 NAELA Powley Award. Additionally, Mr. Dale is a long-standing member of the Special Needs Alliance, a national, not for profit organization of attorneys dedicated to the practice of disability and public benefits law.

Related or Mentioned Episodes:

Safety Series - Episodes 36 - 47
Legal Rights After the Age of 18 - Episode 30
Financial Planning Series - Episodes 101 - 113

Find Kim on Instagram as Journey2Lomah

Follow LOMAH on Facebook as LOMAH

#102 - Special Needs Trusts Feb 18, 2020

Show notes

Special needs trusts are one of the first things mentioned when beginning to plan financially for a family member with special needs. In this episode we learn why special needs trusts are such powerful tools and the difference between 1st, 3rd, and pooled trusts. We also learn a management strategy that works well for most families, what to look for when choosing a pooled trust, as well as suggested next steps after the completion of creating the trust.

About the Guest:

Kevin Urbatsch is a principal of the special needs and settlement planning law firm, The Urbatsch Law Firm P.C. located in Pleasant Hill, California. Kevin also serves as National Director of the Academy of Special Needs Planners (ASNP), a national organization of special needs and settlement planning professionals. Kevin is a Certified Specialist in Estate Planning, Trust, and Probate Law by the California State Bar Board of Legal Specialization. Kevin is also a fellow of the American College of Trust and Estate Counsel (ACTEC).

In 2013, Parenting Magazine named Kevin as one of the nation's Top Child Advocates for his work in fighting for the rights of children with special needs. In May 2011, Kevin was presented the NAELA's Presidential Recognition Award for his work in special needs planning. In each year from 2010 to 2017, Kevin was named a Northern California Superlawyer. In 2009, Kevin was named KRON-TV's Best of the Bay estate-planning attorney for Northern California.

Kevin is a frequent lecturer to professionals and consumers on special needs and estate planning. He also is the author (or co-author) of several books and treatises.

Kevin has been a member of the California Bar since 1993. He received his law degree from St. Louis University in 1993 and his undergraduate degree from Truman State University in 1988. He began his California law practice as a litigator where he specialized in a variety of matters, including but not limited to elder financial abuse, Americans with Disabilities Act public access cases, and trust and estate litigation.

This show is the 2nd of 12 episodes in a series focusing on Special Needs Financial Planning

Find Kim on Instagram as Journey2Lomah

Find LOMAH on Facebook as LOMAH

#101 - Special Needs Financial Planning: Learning the Lingo Feb 11, 2020

Show notes

Special needs financial planning is one of the most important and impactful things we can do in preparing and controlling the future. There are many terms and a lot of intimidating lingo. In this episode we have some fun with the terms and learning them so as to set the foundation for what is to come in the next 12 episodes of the financial planning series.

About the Guest:

Mark Gilfix is an attorney at Gilfix & LaPoll in Palo Alto, California. He is an award winning writer, and an up and coming leader in the fields of Estate Planning, Elder Law, and Special Needs Planning.

He is an increasingly sought-after speaker in the field. He has appeared on television on KTVU Fox 2 and NBC Bay Area and has given multiple client and community seminars in the area of multi-generational and special needs estate planning, he has spoken about planning for younger families with the National Association of Elder Law Attorneys, and he has presented about these topics at the Morgan Center Annual Conference.

He has lead multiple national webinars, both for attorneys and for the general public. He has lead talks about multigenerational special needs planning for the Academy of Special Needs Planners, for the Autism Society, and other leading organizations. Keep up with his presentations by following his Facebook page.

Related Episodes:

This show is the 1st of 12 episodes in a series focusing on Special Needs Financial Planning

Find Kim on Instagram as Journey2Lomah

#100 - How and Why We Have Changed Feb 04, 2020

Show notes

Kim's husband, Tom, joins the show for episode 100! The duo discuss respecting the privacy of their family while still on such a public space, the marital roles they have found themselves, and Tom connecting with other dads.

The last half of the show is podcast discussion such as some embarrassing things that have happened with the guests, how things are so much different than they were 100 episodes ago in regards to steps they are taking toward planning the future for their daughter with type 3 autism and which episodes brought changes.

They reveal of the 5 most downloaded shows and the surprising general thread. Hint…3 of the 5 came from the same series. Can you guess which?

The episode will concede with a bonus section of guest updates that is super encouraging and fun to hear.

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Find LOMAH on Facebook as LOMAH

#99 - Advocating FAPE for Our Teen Daughter Jan 27, 2020

Show notes

We are pausing the normal flow of expert guest interviews to share a bit a personal story about our daughter's educational journey and current status of establishing FAPE. I'm sharing how we arrived at the realization we needed to make changes and how we might be making the job hard for our lawyer.

#98 - IEP Transition Planning Series Recap & A Few Announcements Dec 03, 2019

Show notes

The Transition Plan goes into the IEP at the age of 14 or 16. At this time, all IEP goals should point directly to these long term post secondary goals.

Despite the tremendous importance of the Transition Plan, it is often overlooked or approached as a last minute legally required add on.

After a few announcements regarding what is next for the LOMAH Podcast, this episode gives an overview of the 13 episode Transition Planning series. Guests in the series educated us on aspects of the transition plan and tips for how to get our school district on board in creating better post secondary goals as well as providing necessary supports to reach those goals. You will hear an overview of each episode as well as a 60 second clip so you can circle back to those of interest and need.

Episodes in the series are listed below. Click to be directed to valuable resources in the show notes for each episode.

#86 - Transition Planning Series Introduction

#87 - IEP Transition Planning: Is It Working? With guest Dr. Mary Susan McConnell of The Mama Bear Podcast

#88. - Using Assessments to Guide IEP Transition Goals with guest Dr. Mary Morningstar of the Transition Coalition

#89 - Self Determination Strategies for Complex Communication Users with guest Erin Sheldon of Integrated Action for Inclusion

#90 - Teen to Adult Transition Insights from a Self Advocate with guest Melissa Crisp Cooper

#91 - Diploma, Vocational, and Certificate Tracks for Students with Disabilities with guest Ashley Grant of Advocates for Children of New York

#92 - Preparing Students for Specialized College Programs with guest Courtney Dukes of Clemson Life

#93 - How to Get Assistive Technology into the IEP with guest Lisa Lightener of a Day in Our Shoes

#94 - Disability Employment: Is it Really Possible for All with Guest Sean Roy of Transcen

#95 - School to Adult Services: Filling the Gaps with guest Sonni Charness of Guidelight Group

#96 - Interagency Collaboration in IEP Transition Planning with guest Dr. Kelli Crane of the Center for Transition and Career Innovation

#97 - Parent Roles in IEP Transition Planning with guest Dr. Dawn Rowe of East Tennessee State University

***Find Kim on instagram as journey2lomah

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