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Peace of Mind for Parents of Children With Disabilities

Posted: 12/16/2011 2:48 pm

Each year, Dan and Jenn are able to save for Carina's college education by putting away money tax-free in a 529 education savings account. But the tax code restricts them from saving tax-free for Carina's younger brother Sean, who was born with Down Syndrome. Dan and Jenn work hard every day to provide everything they possibly can for their children but they were distressed when they realized saving for Sean's long-term health care, housing and educational needs was nearly impossible under current law. They found it ironic that the child in their family that might need the most financial assistance during his lifetime was the one they could not save for.

Dan and Jenn thought that was wrong and so do we. That's why we have introduced legislation to help Dan and Jenn, and millions of other parents with disabled children, access the same financial tools that children without a disability have.

Families currently can save for their children's education through tax-advantaged 529 education savings accounts. Our Achieving a Better Life Experience (ABLE) Act would expand the use of 529 accounts to help cover disability related expenses, enabling parents of children with disabilities as well as older individuals with disabilities to put aside money to help cover anticipated long-term costs.

Here's how it works. The ABLE Act creates a new type of 529 savings plan that would allow individuals with disabilities and their families to save money to be used for education, medical and dental care, job training, housing, transportation and other expenses. Contributions to the account would grow tax-free and withdrawals for disability expenses would also be tax-free.

Our starting point is simple: Individuals with disabilities and their parents who care for them should have access to the same kinds of savings tools as the broader population.

The federal government encourages Americans to save for their retirements through 401(k) plans and for education through education savings accounts or 529 plans. These tax-deferred saving plans are now such a fundamental part of how families prepare for the future we barely think of them as public policy. But of course they are. Our legislation applies this successful model to help people with disabilities and their families save for costs they will likely encounter down the road.

In the past two decades, people with disabilities have made significant progress. The Americans with Disabilities Act (ADA), signed into law by President Bush more than 20 years ago, opened new doors and solidified a change in attitude in this country. Barriers to employment have been knocked over. Buildings are more accessible. Equal opportunity in our schools is no longer a dream for children with disabilities.

However, adults with disabilities continue to confront significant economic challenges, facing unemployment and poverty rates far higher than the overall population. In 2010, the poverty rate for people with a disability was more than double that of those with no disability and workers with a disability experienced an unemployment rate more than 5 percentage points higher than those without one.

Parents of children with disabilities also face significant financial challenges. The average cost of raising a child with a significant medical disability is more than $1 million over the course of the child's lifetime.

The tax-free saving accounts authorized by the ABLE Act would help families plan for and meet future needs. Creating an ABLE account is as easy as opening an account at your local bank. Because it builds on the 529 college savings program people already know about and use, it would be simple to get started. ABLE accounts could be managed online. And anyone would be able to contribute.

The money saved in the ABLE account would supplement rather than replace benefits from core government programs, such as Medicaid. These additional funds would support individuals as they encounter a range of expenses related to their disability -- expenses such as tutoring, home and vehicle modification, and job training.

Nearly one in five Americans has a disability. Many are children who have long, productive lives ahead of them. Under current law, these young people cannot save more than $2,000 in assets without losing health care and other federal benefits. The ABLE Act would change that, ensuring that a person with a disability or his parents would be able to save for the future without jeopardizing the benefits they count on.

With a small change to the 529 savings program, we can make a big improvement in the lives of millions of Americans living with a disability.

And Dan and Jenn, and millions of parents like them, will finally be able to save for the futures of all of their children.

 
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11:52 AM on 12/19/2011
It is a national disgrace that we cannot care about one another enough to make the commitment for national health care when so many other countries have figured out how to do it. Nothing is perfect, but we should not continue to say we can do nothing--or insult those looking for and proposing solutions--while the situation gets worse and worse. As many have said before, how we look after the most vulnerable in our society is the true test of our character.
08:47 PM on 12/18/2011
Our son was born with Down syndrome almost a year ago today. We have learned so much in the past year. We've also learned how much people do not know about Down syndrome (and special needs in general.)

That's why we started http://NoahsDad.com as an online narrative to tell our son's story minute by minute, day by day. We do a daily video and it's been a ton of fun. It's also allowed us to connect with some amazing parents all across the world.

Our life is much better with Noah in it.

If you are new to the world of Down syndrome or would like to learn a bit more about what it is (as well as see a VERY cool picture) be sure to check out this post written by my wife (a pediatrician) ----> http://noahsdad.com/down-syndrome
05:11 PM on 12/18/2011
Great information. It's also so important to realize the joy that disabled children can bring. Many people don't understand that. I really liked this man's story http://zestnow.com/view/relationships/family-friends/87/A-Dad-Learns-Important-Secrets.html
11:16 PM on 12/17/2011
I drove under a bridge today and saw a GROUP of people hundred in blankets under the bridge. I drove past mansions with $80,000 cars in the driveways. How can this be? Why are college cafeterias serving gourmet food while our seniors are eating gruel in overcrowded nursing homes. How can overpaid doctors walk into nursing homes and go home to their mansions? How can hospital ceo's and insurance company ceo's look themselves in the mirror. What is wrong with us! I chose to terminate a pregnancy for chromosomal abnormalities because I have no faith in our system and could not bear the idea of outliving a disabled family member. Watching a family member die in a nursing home was emough for me.
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HUFFPOST SUPER USER
Atwill
Proud Father of a gay son.
09:30 PM on 12/18/2011
Thoe of us who are nurses, I am an RN, feel the same way you do.
09:51 PM on 12/17/2011
Is it just me or is there any logic with the idea that a savings for young and adult, without a cap would encourage people to use their savings towards getting off disability?
I know people who save their money, from disability, and start using it to have a little side business, where they can support themselves more independently. What is the point it telling them well now that we pay you what you earned from the trust, you are penalized if you try to save more than...what is up with this concept? Americans are never encouraged to save!
09:55 AM on 12/18/2011
Many times people with disabilities rely heavily on the Medicaid/medicare portion of their benefits in order to maintain some sort of livable life. Even if they could manage to operate a little side business that could theoretically support them (i.e. housing/food/clothing) it won't be enough to cover the medical costs incurred due to the disability. While, I agree, if they earn enough that they no longer qualify for financial (i.e. a check to spend) many will still require medical assistance (protecting that assistance will allow them to continue to be productive members of society).
07:26 PM on 12/17/2011
This is great news for all of us that have a member of our family with a disability. The costs for taking care of our son has been very high, medical expenses are the highest. We appreciate the educational support we have from our independent school district, his teachers, and the overll school system. This potential savings will allow us to plan his future better. Again, thank you!
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HUFFPOST PUNDIT
mikey09
Living off the grid.
06:08 PM on 12/17/2011
Sounds like a good plan to me. I think lots of saving accounts programs should be tax free, making saving an incentive again. I know one thing parents with special children worry abt is what will happen to them when the parents are gone, maybe these type of accounts will help ease their worry.
been2there
Facts have a liberal bias.
04:12 PM on 12/17/2011
Invisible disabilities are a huge problem, because so many people think that if a person does not limp, there is no problem. My family suffers--and believe me, the word is suffer--from ADD and PDD. We are smart, but we don't fit. In spite of our disabilities, we are productive citizens, but there are two problems--
1. We work twice as hard to get half as far when small accomodations would enable us to give society much more.
2. Society can't really afford the collective loss that this attitude engenders.
01:41 PM on 12/17/2011
We have the equivalent of the country of France with a disability. That just seems so preposturous. The way we live, is killing us.
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HUFFPOST SUPER USER
charleyvldm9
He thinks outside the box.
12:58 PM on 12/17/2011
Most of the Disability in this country comes from the parents eating SAD (The Standard American Diet)
Linda from Deerfield
Paying attention
10:52 AM on 12/17/2011
One in 5 Americans having disabilities is very significant. Given a poverty rate double that of the general population, and given that the census shows that half of the population is poor or low income, then that means that a really huge swath of the people Republicans are mad at for not paying more taxes are disabled. Are any of you Republicans beginning to get a glimmer of a hint as to why you might seem icky to any normal person?
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HUFFPOST SUPER USER
dirtydog1776
rub my soft, furry, objectivist tummy
12:10 PM on 12/17/2011
One out of five Americans with a disability? All those dysfunctional, suffering, starving, ill poor people with no job skills? It is a wonder that anybody can even get out of bed on any given day, or that anything even gets done.

But it sounds good politically when you are trying to buy all them votes.
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usna73
We are all in this together
01:30 PM on 12/17/2011
Normally, I am very rules based here at HuffPo. But, as the father of a totally disabled (now adult) son, I am going to make a rare exception.

We have had enough of a challenge merely accessing and advocating for meager benefits on behalf of our son, who cannot speak for himself.

If I could find you I'd teach you a lesson you'd not forget.
Linda from Deerfield
Paying attention
05:40 PM on 12/17/2011
So you would want to keep Terri Schiavo around so that she could pay taxes, maybe as a sideshow exhibit or something like that? I was criticizing all the Republicans who want poor people to pay more taxes, but you seem to be addressing something different. By the way, I had nothing to do with removing your other comment to me.
03:43 PM on 12/17/2011
A lot of poor people in the US could do more for themselves but they have people like you that enables them to do as they please.
Bill Gates does not owe me anything.
Linda from Deerfield
Paying attention
05:44 PM on 12/17/2011
I was not aware that George Bush had reinstated welfare after Newt Gingrich and Bill Clinton eliminated it. When did that happen? I thought Bush simply oversaw a steady decline in wages for 95% of earners -- that's what the Bush government data showed.
Linda from Deerfield
Paying attention
05:53 PM on 12/17/2011
I am not poor, but if you are one of the people who approved of taking the excess taxes I paid in the 1990's and giving that money to the likes of Bill Gates, then you owe me.
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HUFFPOST SUPER USER
Atwill
Proud Father of a gay son.
10:35 AM on 12/17/2011
Now. for the other side of it. I have worked in group homes for disabled kids. eveyyone of them was run by a money grubbing person who basically stole from the disabled people. I have yet to see one honest group home. At least these parents in this story are trying to keep thier kids at home. Not dumpping them on the system. Plus the people who run these group homes pay their staff very low and ususally dont provide health insurance or even sick days. You want to fight for disabled kid? Close down these group homes. keep your disabled kid at home and get the tax break. and before you say "Thre are some who are to sick or violent to be home. True. That is what state hospitals are for.
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HUFFPOST SUPER USER
dirtydog1776
rub my soft, furry, objectivist tummy
12:14 PM on 12/17/2011
Sounds like you have found yourself a career that will allow you to guide others and set an example for them. It must be wonderful to be the only person around who cares, doesn't steal and is full of compassion. I am nominating you for sainthood.
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HUFFPOST SUPER USER
Atwill
Proud Father of a gay son.
09:32 PM on 12/18/2011
thank you i deserve it.
HUFFPOST SUPER USER
Topaz4608
08:28 PM on 12/17/2011
Amen! I have a brother-in-law disabled with a brain injury, bi-polar and permanently in a wheelchair. His adult foster care provider gets $5,000 a month to care for him. She encourages her residents to buy their own food from the Schwanns man (with their $150 monthly stipend), steals what she can from the residents, and NEVER takes them out of the home. We offered him to live with us, (BTW, family gets paid 1/2 as much) and she manipulated and tortured him until he agreed to stay. I can't prove anything. But when she told me that his chair the state paid for was hers, and she could do what she wanted with it, I contacted his caseworker. She made up some story to get herself out of hot water. When the woman's lips move, she's lying.

I have an 8 yr old with Downs Syndrome. She will never go to a group home as long as I am able to care for her.
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HUFFPOST SUPER USER
Atwill
Proud Father of a gay son.
09:04 PM on 12/17/2011
good for you. I worked in those places, 3 of them, while in college . 2 while in college, one was right after i got out of the USAF. They were horrible. most of all the 2 with the handicapped kids. oh the kids were great, but the people who ran them were just like you described. One i worked in for juvie kids, teens who were little runaways, not disabled, was a little better. The woman you describe sounds just like the ... well ... you know, one i worked for in a group home for disabled kids. This was my schedual. 8 pm wed night - Sun 8 am. i had to live there half my week. so in reality i worked over OVER 40 hrs a week. true i slept, ahahha , when you can sleep with DD kids yelling and screaming all night (agian, not their fault, they are DD.) and I ate there. And I got a big fat $866 month take home, and no sick days and no health insurance. Then she fired me after 3 years and tried to stop my unemployment. Well, i sued her for illegal termination and won. Do not let your kid go to one. Keep her home. and, if if gets to where you cant have her, a state hospital is better. At least they have trained nurses there. But i pray you'll never have to.
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HUFFPOST SUPER USER
Atwill
Proud Father of a gay son.
10:29 AM on 12/17/2011
Oh for corn sake,. we are talking of people who are trying to save for their disabled kid. what kind of taxes are we talking of? A little of their taxes? Big deal. I say let them save. Most people who have disabled kids are struggleing anyway. Try going after those who REALLY do tax dodging or who claim they are disabled and are really not.
03:44 PM on 12/17/2011
A voice of reason.
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HUFFPOST SUPER USER
midwestgirl1960
10:20 AM on 12/17/2011
My daughter has a disabled son and she has said a number of times, she hopes he goes before her because know one can care for him like her.
HUFFPOST SUPER USER
Topaz4608
08:30 PM on 12/17/2011
I agree with her. I have a girl with Downs. I pray for the same.
08:53 AM on 12/17/2011
Hey, move to New York where Medicaid is based only on income and your assets have no bearing at all. You can be living in a million-dollar house, but if your income is below X dollars, you qualify for food stamps AND medicaid. ***I am being honest by reporting this, but I personally think it is wrong*** I have seen people who have $400,000 in assets get Medicaid, and that can include savings. There is something wrong with this ... but that's just my opinion.
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HUFFPOST SUPER USER
hoover52
Tickle me blue
10:45 AM on 12/17/2011
BS. My brother lives in NY and is disabled. He can barely make ends even with Medicare and Medicaid. Medicare only covers part of your medical expenses, IF they cover them at all. In order to be eligible for Medicaid, here are the requirements
http://www.wny-lawyers.com/medicaid.pdf

If you can back up your conjectures with a credible link, I will certainly read it. As for your mention of a person with $400,000 assets, that is restricted only to certain assets, primarily the individuals home, one car. AND that does NOT include savings. If the person on Medicaid enters a nursing home, the state has the right to take the house. Seeing that the average cost of nursing home care is incredibly hogh. My mother died in a nursing home. She was there for six months and the bill for her care came to $88,000. You should really do your homework before you make such an irresponsible comment. If you still think you are correct, I think it would be of service to provide a CREDIBLE link.
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HUFFPOST SUPER USER
Moonspirit48
Progressive Homeschooler
11:41 PM on 12/17/2011
Fanned and faved for your reasoned, HONEST response.
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usna73
We are all in this together
01:34 PM on 12/17/2011
This is an unreasonable assumption. A child who is disabled from birth can never acquire anything except via gift and/or inheritance. To do so, parents currently must fun unusually large life insurance policies and pay for trusts established. There is significant sacrifice in doing so. The money was earned by those of us AND we contribute to the general welfare of the nation as any other taxpayer.

That needs to be considered, as it is by the proposed legislation.