Recently, a three judge panel of the United States Court of Appeals for the Eleventh Circuit ruled in a 2-1 decision that websites for businesses that are open to the public but inaccessible to visually impaired people who use screen-reading software are not liable under Title III of the Americans with Disabilities Act (“ADA”). The.. read more →

21st Annual Elder and Disability Law Symposium Presented in cooperation with the NJSBA Elder and Disability Law Section Format/Skill Level: Meeting Location: APA Hotel Woodbridge, 120 S. Wood Ave Iselin, NJ 08830 Date: December 18, 2019 Time: 9:00 AM – 5:00 PM Donald D. Vanarelli, Esq. ( will present at the 21st Annual Elder and Disability.. read more →

Reversing a federal district court, the U.S. Court of Appeals for the First Circuit ruled that a state housing authority cannot count distributions from a special needs trust as income in determining eligibility under the Section 8 housing voucher program. DeCambre v. Brookline Housing Authority (1st Cir., Nos. 15-1458, 15-1515, June 14, 2016). Kimberly DeCambre, a disabled,.. read more →

After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills of $264,146 for nursing care services. As a result, three successive Medicaid applications were filed on R.P.’s behalf. It was undisputed that R.P. lacked the capacity to assist with any of the Medicaid applications. The first Medicaid application, filed in.. read more →

A federal district court ruled that a public housing authority properly counted distributions from a special needs trust as income in concluding that the beneficiary of the trust was ineligible for a Section 8 housing voucher. DeCambre v. Brookline Housing Authority (D. Mass., No. 14-13425-WGY, March 25, 2015) Kimberly DeCambre, a disabled, 59 year old resident.. read more →

Social media websites like Facebook, Twitter and LinkedIn often contain an enormous amount of highly personal information. Lawyers frequently mine social media websites for relevant evidence to be utilized in court when users of social media are involved in lawsuits. In general, information contained in social media websites is not protected by legal privilege or.. read more →

In Duffy v. Velez, Civ. No. 09 – 5539 (D.N.J. 2010), plaintiff was a disabled person who received needs-based government benefits, including Medicaid benefits while in the community. The availability of the benefits was based upon an applicant’s income. Individuals who earn up to $2,022 per month are eligible for benefits at the “categorically needy”.. read more →

Maryland Senator Barbara Mikulski (D) has proposed a bill that would eliminate the use of the word “retarded” in all federal programs. The new bill would replace the phrase “mental retardation,” which is used in many important pieces of federal legislation like the Individuals with Disabilities Education Act and the Rehabilitation Act, with the term.. read more →

New Jerseyans with an autism spectrum disorder gained two laws recently which, it is hoped, will give them a better chance to lead meaningful, productive and independent lives. The first of the new laws, A-4226, expands New Jersey’s anti-discrimination law, the Law Against Discrimination, to ensure that no one who has autism and related neurological.. read more →

A federal district court judge in California recently ruled that the Social Security Administration (SSA) violated Section 504 of the Rehabilitation Act, and its implementing regulations, by failing to provide “meaningful access” for SSA programs to all blind and visually impaired individuals. American Council of the Blind v. Astrue, No. C 05-04696-WHA (N.D.Cal. Oct. 20,.. read more →

[I received the following email from the National Senior Citizens Law Center and affiliated groups concerning a survey being conducted in order to “raise awareness of the issues facing older adults who are lesbian, gay, bisexual and transgender (“LGBT”) and live in nursing homes, assisted living facilities and other long-term care facilities.” Because I believe.. read more →

The House has voted to give the disabled, as well as gays and lesbians, federal protection from hate crimes. The new legislation also makes it a new federal crime to attack U.S. service members because of their sexual orientation. With passage by the Senate expected, federal prosecutors will, for the first time, be able to.. read more →