Disabilities workshop addresses legal concerns

By Kim Roberts
Clarion Herald

Long-term planning for loved ones with special needs is imperative because of the maze of government programs available to families, an attorney familiar with disability benefits told a May 4 workshop at St. Francis Xavier Parish sponsored by the Archdiocesan Commission on Persons with Disabilities (ACPD). 

Carole Cukell Neff, an attorney with the law firm of Sessions, Fishman & Nathan, L.L.C., discussed the legal ramifications of living with a disability and how caregivers can best support their loved ones through special needs planning. The meeting – a “Primer for Legal Planning for Children and Adults with Special Needs” – was attended by 30 persons, and another 20 watched via Zoom.

“Whether you are planning for yourself or family members, it’s imperative that you receive, qualify and retain certain benefits that are legally available,” Neff said. “You should know how to maneuver through the issues and learn the tools of the trade to better help yourself or your family members. 

 “There are certain government programs available that can be beneficial to you and your family. It is important that you plan ahead and work within the guidelines, paying close attention to the restrictions.”

Neff talked about the various programs available when planning for people with special needs, including special needs trusts and the Achieving a Better Life Experience (ABLE) Act, as well as government benefits for the disabled, which include Medicare, Medicaid, the Supplemental Security Income Program and Social Security disability benefits.

Special needs trusts or supplemental benefits trusts provide for a disabled person’s special needs without jeopardizing his or her benefits. These are generally prepared for beneficiaries who are not elderly and who rely on needs-tested government benefits for most of their lives.

Neff stressed that the ABLE Act is another tool for special needs planning for families with disabled children who need assistance.

Ann Lupo, chairman of the archdiocesan disabilities commission, said legal planning is “an essential topic for people who are living with disabilities and for parents with disabled children.”

Father Joe Palermo, pastor of St. Francis Xavier, said he hopes the church is growing in its awareness of including persons with disabilities in parish life.

“We should always find a way for those with disabilities to serve and be part of the church,” Father Palermo said. “They need to feel welcome. At St. Francis Xavier, for more than a decade, we have been hosting a monthly Mass for God’s Special Children on the first Sunday of the month at 2 p.m., and we always have a good turnout.”

All are welcome        

Lupo said that in addition to hosting workshops, the commission’s mission is to ensure that people living with disabilities are involved with their faith and involved with their church “so that they feel welcomed and that they belong.”

“We wish we would get more calls from families, but I think there are so many different challenges each family faces like the weather, access to the physical building, or the act of actually getting to the church, that it is just a lot for some families to deal with,” Lupo said. “We can help with all of those issues if they reach out. The goal here is for everyone to have the chance to experience God and the Eucharist, when possible.”

Kevin Fitzpatrick, Catholic Charities’ Office of Justice and Peace and disabilities commission co-chair, added that it is important that those barriers that prevent individuals from participating fully in Mass are removed.

“We are called to build more than just a ramp to make a church accessible,” Fitzpatrick said. “We are all baptized Christians and need to work together on special-needs planning in all areas so that everyone can participate and be protected.”

The commission acts on behalf of persons with disabilities to assist pastors in inviting people to full membership and to share fully in the life of the parish. Advocates are appointed by the pastor to serve as liaisons among persons with disabilities, their families, their parish and the ACPD. 

“Every one of these families are part of the faith, and we want them to know that they have the ability to participate,” Lupo said. “Families need to lean on their faith and have access to Mass. They need to practice their faith and feel like they are not being judged for their child’s disability due to lack of understanding or education. We, as Christians, need to welcome these individuals, and education and knowledge is key. That is why this ministry is essential.”

For more information, contact Lupo at (504) 592-5692.

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