Sheri R. Abrams's Blog, page 29

Social Security Disability and the Affordable Care Act

With the implementation of health care reform proceeding under the Affordable Care Act (ACA), the Department of Health and Human Services (HHS) recently published a Federal Register notice of a computer match with the Social Security Administration (SSA) to obtain certain information. 78 Fed. Reg. 48170 (Aug.7, 2013).

Obtaining this information may lead to more Social Security disability beneficiaries becoming eligible for health insurance coverage, especially during the 24-month waiting perio...

Best Lawyers In America 2014

The Falls Church Virginia Law Firm of Needham Mitnick & Pollack is proud to announce that NMP Attorneys Helen Cohn Needham & Sheri R. Abrams have been named one of the Best Lawyers in America for 2014.

Helen Cohn Needham was named in the Elder Law—Estate Planning category & Sheri R. Abrams was named in the Elder Law—-Social Security Disability catagory.

Both Helen & Sheri are being honored by the publication as a Best Lawyer for the second consecutive year.

The Best Lawyers in America is the old...

Are people with disabilities required to give advance notice about their service dog when booking a taxi?

A person with a disability does not have to provide advance notice that he or she will be traveling with a service animal.

Taxicab companies may not refuse to provide services to individuals with disabilities.

Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same service.

Original article: Are people with disabilities required to give advance notice...

I.R.S. to Recognize All Gay Marriages, Regardless of State

All legally married same-sex couples will be recognized for federal tax purposes, regardless of whether the state where they live recognizes the marriage, the Treasury Department and the Internal Revenue Service said Thursday.

The federal rules change is one of many stemming from the landmark Supreme Court decision in June that struck down the 1996 Defense of Marriage Act. That ruling found that same-sex couples were entitled to federal benefits, but left open the question of how the federal g...

Does a Disability Automatically Qualify a Student to Receive Special Education Services?

No, having a disability does not automatically qualify a student to receive special education services.

Assessments and evaluations to determine whether the student’s disability is adversely affecting academic performance would be conducted before a decision is made.

If the student does not qualify as needing special education services, the student may be entitled to protections under Section 504 of the Rehabilitation Act.

Section 504 protects individuals with disabilities from discrimination re...

An individual with a disability is not exempt from going through the screening process at airports

All passengers must be screened before entering an airport’s secure boarding area.

If needed, alternate procedures, which provide an equivalent level of security screening are available and can be done in private.

The TSA has information for people with disabilities to learn about the screening process at www.tsa.gov/traveler-information/travelers-disabilities-and-medical-conditions.

Original article: An individual with a disability is not exempt from going through the screening process at airpo...

The Social Security Administration is Replacing the Term “Mental Retardation” in its Listing of Impairments

The United States Federal Register is replacing the term “mental retardation” with “intellectual disability” in the Listing of Impairments that are used to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act and in other appropriate sections of the rules.

This change reflects the widespread adoption of the term “intellectual disability” by Congress, government agencies, and various public and private organizations.

“Advocates for...

Statement of Carolyn W. Colvin, Acting Commissioner of Social Security, on Payments to Same-Sex Couples

Today August 9th 2013 Carolyn W. Colvin, Acting Commissioner of Social Security,issued the following statement on Payments to Same-Sex Couples:

“I am pleased to announce that Social Security is now processing some retirement spouse claims for same-sex couples and paying benefits where they are due. The recent Supreme Court decision on Section 3 of the Defense of Marriage Act, made just over a month ago, helps to ensure that all Americans are treated fairly and equally, with the dignity and res...

Under the ADA, what are the access obligations of an historic home, now operating as a museum open to the public?

Alterations to historic properties must comply with the specific provisions governing historic properties in the Americans with Disabilities Act Architectural Guidelines or the Uniform Federal Accessibility Standards, to the maximum extent feasible.

Under those provisions, alterations should be done in full compliance with the alterations standards for other types of buildings. However, if following the usual standards would threaten or destroy the historic significance of a feature of the bui...

How Can Movie Theaters, Constucted From 1993 On, Be Made Accessible By People With Disabilities?

In addition to providing accessible entrances, parking, and bathrooms, a movie theater constructed from 1993 on must provide seating for people who use wheelchairs with lines of sight comparable to the lines of sight for other seating areas.

Movie theaters can also provide captioned movies and assistive listening systems for persons with hearing impairments, and provide audio-described movies and equipment needed to access it.

Original article: How Can Movie Theaters, Constucted From 1993 On,...