Section Newsletter Articles on Disability Law
Legally disabled can toll the statute of limitations
Trusts and Estates
, October 2014
On August 26, 2014, after passing both houses of the General Assembly unanimously, the Governor signed HB5512 into law, allowing more persons to toll the statute of limitations on account of legal disability.
Is obesity a disability? An analysis of obesity under the ADAAA
Labor and Employment Law
, December 2012
The Americans with Disabilities Act Amendment Act was enacted in 2008. Prior to the Amendments, the ADA specifically did not cover obesity, only morbid obesity. The Amendments Act is purposefully silent on whether obesity is covered as a disability. This leaves much room for interpretation on whether obesity is a disability for the purposes of the ADA and the ADA Amendments Act.
Motor carrier defeats HIV-positive driver’s ADA and related claims
Energy, Utilities, Telecommunications, and Transportation
, June 2011
The case of EEOC v. C.R. England, Inc. will be helpful to motor carriers and others as it answers some fundamental questions that arise from the ADA statute which have not been previously addressed in detail by the courts.
Case note: In re the Estate of Fallos
, April 2010
The court in this case discussed the trend toward limited guardianships and found that they should be encouraged when a person is not totally without capacity to direct others concerning his care.
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality Act
, February 2010
One of the many conundrums faced in the family law practice is the seemingly ubiquitous situation where your client decides that the children need professional help in dealing with the issues arising out of the divorce, and the other parent believes that counseling, therapy or whatever moniker you wish to assign to it is contrary to the children’s best interests. In the past, in the absence of a parenting agreement or custody order, there was no clear guidance from the IMDMA or the courts as to which parent’s choice controlled, if any.
, October 2009
In order to provide good representation to hoarders, it is important to understand the condition.
Representing impaired clients: Challenge and opportunity
Women and the Law
, March 2009
The ISBA Standing Committee on Women and the Law, in conjunction with the ISBA Standing Committee on Delivery of Legal Services, the ISBA General Practice Solo and Small Firm Section Council, and the Illinois Supreme Court Commission on Professionalism, presented a program entitled “Ethically and Effectively Representing Clients with Substance Abuse and Mental Health Problems” at the ISBA Mid-Year Meeting on December 12, 2008.
Obtaining accommodations for college students with disabilities
, September 2007
Although some children with disabilities may have impairments that are so severe that college is not a realistic option for them, many others have the potential to be highly successful in college and beyond, particularly if provided the appropriate accommodations that they need to function within the college environment.
Practice Alert: Special issues in the social security disability case—COBRA & Medicare, aka, Snake Oil Medicine
General Practice, Solo, and Small Firm
, March 2007
The Consolidated Omnibus Budget Amendment Act of 1985 (COBRA) added ERISA Title I, Part 6, requiring that the sponsor of a group health plan make continuation coverage available to employees, spouses, ex-spouses, dependents, and others for periods of 18 to 36 months following an event that might otherwise result in loss of coverage.
Disability Law: Social Security
General Practice, Solo, and Small Firm
, March 2006
This article provides a basic outline of the process for helping a client obtain disability benefits from Social Security.