Post-Obit Ada Claims, Thomas E. Simmons
Oct 2017
Post-Obit Ada Claims, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Intersectionality Problems With Gendered Disability Discrimination, Thomas E. Simmons
Dec 2015
Intersectionality Problems With Gendered Disability Discrimination, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
The Wrongheadedness Of The Poms Pooled Trust Rules And An Unfortunate But Recently Noted Chinese Parallel, Thomas E. Simmons
Dec 2015
The Wrongheadedness Of The Poms Pooled Trust Rules And An Unfortunate But Recently Noted Chinese Parallel, Thomas E. Simmons
Thomas E. Simmons
Supplemental needs trusts of the pooled trust variety have offered important dignity-enhancing protections for individuals with disabilities for several decades. A pooled trust, properly structured according to Congressional requirements, allows the wealth of an individual with disabilities to be overseen by an independent third party trustee, supplementing without displacing means-tested government programs like Medicaid and Supplemental Security Income. Beginning in 2012, the Social Security Administration imposed new burdensome requirements on pooled trusts through its informal POMS manual. Those new requirements have intentionally or unintentionally eliminated as a practical matter the availability of pooled trusts in many states. This unfortunate result …
Disability Discrimination In The Form Of Ad Hoc Examinations, Thomas E. Simmons
Dec 2014
Disability Discrimination In The Form Of Ad Hoc Examinations, Thomas E. Simmons
Thomas E. Simmons
The 1990 Americans with Disabilities Act (ADA), alongside the Nebraska Fair Employment Practice Act (FEPA), prohibit discrimination against employees on the basis of disability. One of the lesser examined provisions of the twin acts presumes that employer-mandated medical examinations of individuals with disabilities amount to unlawful discrimination unless the employer can demonstrate a business necessity. The precise elements of a business necessity defense were articulated and explicated by the Nebraska Supreme Court in the recently decided case of Arens v. NEBCO, Inc.
Estate Planning For Individuals With Disabilities, Thomas E. Simmons
Dec 2011
Estate Planning For Individuals With Disabilities, Thomas E. Simmons
Thomas E. Simmons
The basic federal safety net program for elderly, blind and disabled persons is Supplemental Security Income (SSI). The Social Security Administration (SSA) administers the program and eligibility is based upon financial need. The basic eligible criteria are that an individual have less than two thousand dollars ($2,000) in assets, or three thousand dollars ($3,000) for a couple, although certain limited resources are excluded.
There are also income limitations that individuals must satisfy to qualify for SSI.
SSI’s sister in welfare benefits is the Medicaid (Title 19) program. While SSI is entirely a federal program, Medicaid, which shares the same basic …
Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons
Dec 2009
Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons
Thomas E. Simmons
No abstract provided.
"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas E. Simmons
Dec 1999
"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas E. Simmons
Thomas E. Simmons
The Americans with Disabilities Act of 1990 prohibits discrimination against and mandates accommodations for individuals with disabilities. As a threshold matter, the Act requires the plaintiff to demonstrate that she is an individual with a disability; that is, that she has an actual disability or is "regarded as" having a disability as the statute defines it. This article discusses the threshold "regarded as" showing as refined by three Supreme Court cases decided in the summer of 1999. Although in the past the "regarded as" definition has often played "second fiddle" to the "actual disability" definition, the author suggests that there …
