Elaine T. Yandrisevits
On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law. The ADA represented a sweeping change in access for individuals with disabilities by prohibiting discrimination on the basis of disability in employment, education, transportation, public accommodations, and other areas of life. The signing of the ADA represented the efforts of years of advocacy on behalf of individuals with disabilities and their advocates, whose work continues to this day.
One of the most important estate planning considerations for individuals and families is the ability to pass on assets to a beneficiary with a disability. If an individual with special needs is receiving income- and resource-dependent public benefits, then proper estate planning is necessary to ensure that the receipt of an inheritance does not jeopardize eligibility for these benefits. Income- and resource-dependent public benefits have strict limits on the amount of assets an individual can receive monthly (income) and own (resources) in order to qualify. Two of the most important income- and resource-dependent public benefits are Supplemental Security Income (SSI) and Medicaid (called Medical Assistance in Pennsylvania), which includes health insurance and Medicaid waiver programs for community-based services. The resource limit for SSI eligibility is $2,000 per individual ($3,000 if the individual is married). In many states, including Pennsylvania, individuals who qualify for SSI are automatically enrolled in Medical Assistance. Medical Assistance waiver programs have varying resource limits depending on the program. As a general rule, therefore, individuals with disabilities who receive these public benefits cannot have assets in excess of $2,000 without affecting their eligibility for public benefits.
The Coronavirus outbreak has impacted almost every part of daily life for individuals, families and businesses. AMM attorneys are monitoring legislative developments on the local, state and federal level to provide updates to our business and individual clients. Our goal is to provide guidance in this ever changing "new normal" to help you navigate these uncharted waters and provide clarity and assistance to keep your legal house in order and protect your interests.”
Reprinted with permission from the June 19th edition of The Legal Intelligencer. (c) 2020 ALM Media Properties. Further duplication without permission is prohibited.
The Supreme Court of the United States held in Bostock v. Clayton County, Georgia, 590 U.S. ___ (US 2020) that Title VII’s prohibition against discrimination on the basis of sex also bars discrimination on the basis of sexual orientation and gender identity. The Court’s opinion relies on the text of the statute, rejecting arguments from employers regarding the failure to specifically include gender identity or sexual orientation in the statue. The Supreme Court’s decision in Bostock is historic – it expands the protections of Title VII to sexual orientation and gender identity, protections previously denied. The Court’s ruling requires employers to update and modernize their policies and procedures, hiring practices, training and workplace culture.
Family law attorney Mariam W. Ibrahim has been named by Pennsylvania Bar Association President David E. Schwager as one of 18 Pennsylvania lawyers selected for the 2020-21 class of the association’s Bar Leadership Institute (BLI). Ibrahim is the only Bucks County candidate chosen for this year’s class.
To apply for the BLI, candidates had to demonstrate leadership ability, commit to attendance and participation in the required events, be currently licensed to practice law in Pennsylvania, be a PBA member, and be age 40 years or younger or have practiced five years or less.
“Each BLI class member this year has a unique, diverse background and perspective along with new ideas and goals for the future to help shape the association,” said Schwager. “I look forward to working with them as they learn more about the PBA’s varied paths to leadership and connect with other PBA members and leaders.
Ms. Ibrahim practices exclusively in the area of family law, handling a variety of issues, including divorce, child support, alimony/spousal support, equitable distribution and child custody matters.
These challenging times present particular challenges to small business. Notwithstanding efforts to stimulate the economy, the fact remains that many businesses simply can’t function at a sustainable level without open doors and customers who require inventory, raw materials or products to sell. Empirical data supports a substantial downturn in gross domestic production such that the federal government has declined to publish economic forecast data for the summer of 2020. Millions have been separated from employment – either temporarily or permanently. Every business and every businessperson has felt the economic effect of the pandemic.
While small business may never be the same, it is not dead. We all know the United States economy is driven by small to medium employers no matter the media focus on big industry. There will no doubt be consolidation in nearly every sector of the economy from construction to retail. History has proven that, for the savvy businessperson, trying times like these bring opportunity. Taking advantage of opportunity requires strong, focused and forward thinking business relationships.
On June 3rd, the U.S. Senate passed the “Paycheck Protection Program Flexibility Act” (the “Flexibility Act”) which had been previously passed by the House of Representatives on May 28, 2020. It is expected that President Trump will sign the legislation today, June 4th. The Flexibility Act provides a number of modifications to the Paycheck Protection Program (“PPP”) provisions of the CARES Act, which will significantly increase the forgivable loan amounts of PPP borrowers. Arguably, the Flexibility Act turns the PPP into more of a small business subsidy/assistance program, rather than a true paycheck protection program.
The Flexibility Act includes the following changes to the PPP:
Antheil Maslow & MacMinn congratulates our six 2020 Thomson Reuters Super Lawyer and Rising Star attorneys. Each year, no more than 5 percent of the lawyers in the state are selected by Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Three Partners of the firm were selected to the 2020 Super Lawyers List: Jessica A. Pritchard, Family Law, who was also selected for the "Top 100 Philadelphia" and “Top 50: 2020 Women Pennsylvania Super Lawyers List”; Michael W. Mills, Business, Estates & Trusts & Tax; and Peter J. Smith, Business, Real Estate, Estates & Trusts and Nonprofit Law.
Three AMM attorneys were selected to the 2020 Pennsylvania Rising Stars list: Partner Elizabeth Fineman, Family Law; Stephanie Shortall, Corporate, Real Estate and Trust & Estates; and Elaine Yandrisevits, Estate Planning and Administration, with a focus on special needs trust planning.
For more information about Super Lawyers' methodologies, visit www.SuperLawyers.com.
Much has been made and reported about the federal government’s effort to sustain the economy and assist working families through programs such as enhanced unemployment benefits and the Payroll Protection Plan. AMM has assisted many small business owners in negotiating the application process and anticipating both documentary requirements and potential financial consequences of the available programs. State and local governments have also offered programs to the business community. Bucks County has now announced the creation of a new grant funding opportunity: the “Bucks Back to Work Small Business Grant” program. Availability is limited, however, and the application window is small so qualifying business owners must act quickly to obtain a share of the grant fund.
May 14, 2020
Yesterday the Small Business Administration (SBA) issued updates to its Frequently Asked Questions (FAQs) guidance on the Paycheck Protection Plan (PPP) Loans, and added Questions/Answers (Q&A) 45 and 46, with the latter Q&A being directly related to the certification issues, and to the corresponding May 14th deadline for the return of funds as a “safe harbor” from civil and criminal penalties relating to the certification of need.
As previously reported, the PPP applications required borrowers to certify that “current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” Until its issuance of this Q&A, the SBA’s guidance suggested that it would seek to impose civil and criminal penalties relating to the certification as a first resort, if it determined that the loan was unnecessary. In doing so, the SBA induced a sense of fear; and then further induced a sense of urgency by offering the safe harbor from such penalties, allowing borrowers to return the funds on or before May 7th to avoid such penalties. Such deadline was further extended to May 14th.