Publications

Section Newsletter Articles on Disability Law

The Howell decision and the future of estate planning for adult disabled clients By Sarah LeRose Trusts and Estates, October 2015 In light of Estate of Howell v. Howell, an estate guardian of a disabled adult may propose an estate plan which deviates from intestacy, provided the guardian believes that the proposed plan is in keeping with the ward’s wishes.
A person with a disability is not a disabled person By Hon. Michael B. Hyman and Brian O’Donnell Bench and Bar, September 2015 A Q and A between Appellate Justice Michael B. Hyman and Brian O'Donnell, a second-year student at IIT CHicago-Kent College of Law.
Parent with developmental disability discriminated against by Massachusetts in violation of ADA and Section 504 of the Rehabilitation Act By Patti Werner Mental Health Law, June 2015 To permit termination of parental rights based on the “inability to discharge parental duties,” without identifying those duties or defining how they are measured, invites the same kinds of presumptions and stereotypes that the DOJ and HHS found violated the ADA in the Massachusetts case.
Extended leave of absence is not a reasonable accommodation By Michael R. Lied Labor and Employment Law, December 2014 A summary of Hwang v. Kansas State University, ___ F.3d ___, 2014 WL 2212071(10th Cir. 2014),
Legally disabled can toll the statute of limitations By Stephen Sotelo 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.
More legally disabled are now able to toll statute of limitations By Stephen Sotelo Civil Practice and Procedure, September 2014 Public Act 098-1077 goes into effect on January 1, 2015, and it will apply to actions commenced or pending after that date.
More legally disabled are now able to toll statute of limitations By Stephen Sotelo Elder Law, September 2014 Public Act 098-1077 goes into effect on January 1, 2015, and it will apply to actions commenced or pending after that date.
Legislation intended to lower the employment barriers for people with disabilities By Ellis B. Levine Human Rights, March 2014 An overview of the Illinois Employment First Act, signed into law in July 2013.
Is obesity a disability? An analysis of obesity under the ADAAA By Susan A. Garver 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.
New power for guardians of the disabled—Filing for dissolution of marriage By Marilyn Longwell and Aurelija Juska Family Law, December 2012 Overturning longstanding case law, the Illinois Supreme Court in Karbin v. Karbin recently held that a plenary guardian may now seek permission from the court to file a dissolution of marriage proceeding on behalf of a ward.
Eliminating rotating shift not required to reasonably accommodate disabled employee By Michael R. Lied Labor and Employment Law, October 2012 A look at Kallail v. Alliant Energy Corporate Services, Inc.
Defending the claim for an odd-lot permanent total disability By Richard D. Hannigan Workers' Compensation Law, July 2012 In the case of Professional Transportation v. Illinois Workers’ Compensation Commission, the Commission awarded the injured worker permanent total disability benefits based upon the odd-lot theory.  
Motor carrier defeats HIV-positive driver’s ADA and related claims By William D. Brejcha 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 By Edward J. Mitchell Elder Law, 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.
Recovering the value of “free” caretaking by an adult’s parents By Dennis M. Lynch Tort Law, March 2010 A tortfeasor cannot seek to shirk responsibility for caretaking services because the caretaking was provided by the adult’s parents, and not by some third party.
Summary of Williams v. Board of Trustees of the Morton Grove Firefighters’ Pension Fund and the Village of Morton Grove (1st Dist. 2009) By Marc R. Poulos and Melissa Binetti Administrative Law, March 2010 The First District Appellate Court recently determined that a firefighter/paramedic was denied a fair and impartial hearing on his application for a disability pension, when a corporate attorney for the Village sitting on the Board acted as an advocate rather than as a disinterested decisionmaker
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality Act By Rory Weiler Family Law, 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.
Representing hoarders By Michelle Sternberg Elder Law, October 2009 In order to provide good representation to hoarders, it is important to understand the condition.
The skinny on long-term care insurance By James Moster Elder Law, October 2009 Some considerations regarding long-term care insurance.
Case study: An example in combining VA, Medicaid, and Community Care benefits to avoid long-term care placement By Steven C. Perlis Elder Law, April 2009 An example of a situation where several public benefits might be simultaneously available and enable an eligible client to remain at home rather than being forced into an institutional living situation.
Tips for working with the fighting family By Martin W. Siemer Elder Law, April 2009 Some tips and suggestions for dealing with a fighting family.
Representing impaired clients: Challenge and opportunity By Annemarie E. Kill 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. 
A policeman’s disability application cannot be denied based upon one dissenting doctor selected by the Police Pension Board By Daniel P. Jakala and Stanley H. Jakala Administrative Law, May 2008 In a significant and ground-breaking decision rendered on November 1, 2007, the Supreme Court ruled that there is no longer a requirement that three physicians selected by the board all certify that the applicant is disabled in order for a police officer to be awarded a disability pension.
Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Obtaining accommodations for college students with disabilities By Matthew Cohen Child Law, 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.
Who is in charge of determining disability for police officers—Pension boards or witnesses? By Jenette M. Schwemler Local Government Law, September 2007 For more than 15 years, Illinois appellate courts have been struggling with the interpretation of section 3-115 of the Illinois Pension Code regarding the requirement of a pension applicant to submit three certificates of disability to the pension board in order to receive benefits.
A municipality’s dilemma involving injured police officers By Carlos S. Arévalo Local Government Law, April 2007 Whenever an employee is injured on the job, employers and employees are significantly affected.
Seventh Circuit rejects Disabilities Act claim in driver termination for a blood pressure disorder By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2007 On March 21, 2007, the U.S. Court of Appeals for the 7th Circuit in Chicago affirmed a summary judgment from the U.S. District Court for the Eastern District of Wisconsin in Equal Employment Opportunity Commission v. Schneider National, Inc., No. 06-3108.
Changes to impartial due process hearings for children with disabilities By Gail Friedman Child Law, March 2007 Public Law PA 94-1100, amending and changing sections of the School Code pertaining to children with disabilities, was signed into law by Governor Rod Blagojevich on February 2, 2007.
Practice Alert: Special issues in the social security disability case—COBRA & Medicare, aka, Snake Oil Medicine By David R. Bryant 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.
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