Cross-Border Disability Navigation from Ontario to New York

There are several important steps to take to ensure your loved one can access comparable benefits and programs in New York as what they obtained in Ontario. These include qualifying for disability services through application to the New York Office of People with Developmental Disabilities (OPWDD), Special Needs School programs, Medicaid, Supplemental Social Security Income (SSI), Access-VR, Decision-making options, ABLE Accounts/Special Needs Trust planning, and Housing.

New York Office of People with Developmental Disabilities (OPWDD)

New York’s OPWDD coordinates services for New Yorkers with developmental disabilities. This includes intellectual disabilities, cerebral palsy, Downs Syndrome, autism spectrum disorders, Prader-Willi syndrome, and other neurological impairments. The office provides services both directly and through a network of providers. It provides services to the individual with a disability, including habilitation and clinical services, as well as residential supports and services. It also provides support to help families care for their loved ones living at home, including respite and other family support services such as residential and day services.

We can help you to connect to the regional OPWDD Front Door office to start the eligibility process. At C. Cadogan and Associates, we understand that it is difficult to continue providing care while attempting the daunting task of transitioning from one country to another. Our goal is to help make this process as smooth and effective as possible. We can provide the tools to make this transition seamless through a customized Cross-Border Disability Transition Plan.

Medicaid Planning and Application

New York’s Medicaid program provides comprehensive health coverage for a wide range of services for eligible individuals. Eligibility depends on a person’s age, income, family situation, disability related needs, and living arrangements. Services are accessed through participating health care providers using the Medicaid card or through a managed care plan, if enrolled. Some services may require a small co-payment, which can be waived if you cannot afford them.

Medicaid rules change frequently. Financial eligibility rules can be complex and stringent, with strict penalties if your loved one’s assets fall outside of these parameters or if transfers are completed to ensure that your loved one meets the financial eligibility requirements. We understand these rules and can help you plan before you leave Ontario. So there are limited surprises.

Supplemental Security Income (SSI)

Supplemental Security Income, or SSI, is a program paid for by the US government for children and adults who meet the US government’s definition of disability and have limited income and resources. It provides cash to meet basic needs such as food, clothing, and shelter. For this program, disability means you cannot work, you cannot adjust to other work because of your medical condition, and your disability has lasted or is expected to last for at least one year or to result in death. This program is only for US citizens and permanent residents. So, your loved one would not be eligible to apply unless he/she is a US person. We can help with the application process and guide you through the required documents.

Access-VR

If your loved one is interested in and capable of working, volunteering, or wants to attend college or employment preparation, Access-VR provides vocational rehabilitation for youth living with disabilities. We encourage your loved one to live an inclusive, integrated life and enthusiastically support his/her journey through the vocational process.

Decision-making options: When your loved one turns 18, they are presumed to be adults capable of making their own personal, financial, and legal decisions. However, depending on how your loved one is affected by their disability, they may need a little or a lot of support to make these decisions.

• Supported Decision-Maker Agreement

If your loved one understands and is capable of making these important decisions but needs limited support, we can help draft an appropriate Supported Decision-Maker Agreement to help you meet their needs.

• Article 17-A Guardianship

However, if your loved one is unable to clearly express or understand their legal rights, etc., we can help you apply for an Article 17-A guardianship. Unfortunately, guardianship does not automatically transfer from Ontario to New York. So, even if you already have a guardianship order from the Ontario Superior Court of Justice, you must file for a 17-A guardianship in New York Surrogate Court in the county where your loved one will reside. We can help you to file the petition and obtain this important legal protection for your loved one.

• Other Decision-making Options:

Power of Attorney

Where your loved one is considered to be competent (can make their own financial and legal decisions), he/she can execute a Power of Attorney to give you legal authority to act on his/her behalf in financial matters. New York recognizes the Durable Power of Attorney. We can design a Power of Attorney that meets your needs.

Health Care Proxy

For medical decision-making, you and your loved one can use a Health Care Proxy. A Health Care Proxy lets your loved one choose someone they trust to make medical decisions for them if they are ever unable to make those decisions themselves, either temporarily or permanently.

Living Wills 

A Living Will is also an important document that allows your loved one to state end-of-life decisions in advance. It usually works alongside a Health Care Proxy because it tells your agent, family, and doctors what your loved one's wishes are if your loved one becomes ill and is not improving. As New York law does not authorize living wills, it is necessary to have a Health Care Proxy and a living will to ensure their preferred end-of-life wishes are respected. We can help you prepare both documents to alleviate stress.

ABLE Account/Special Needs Trust Planning

Applying for Medicaid and SSI is a complex and delicate process. We ensure that youth are not deemed to have more countable income than they actually have, thereby inadvertently undermining their Medicaid and SSI eligibility. The resource limit for SSI recipients is very low: $2,000 for an individual and $3,000 for a couple. This includes cash, bank accounts, stocks, mutual funds, bonds, vacant land, and life insurance (but does not include your primary residence, single automobile, most household items, and personal belongings). If your loved one has an inheritance or bequest that puts them over this limit, they will no longer be eligible to apply for SSI. The use of a Special Needs Trust will avoid your loved one being disqualified from receiving SSI and Medicaid.

If your loved one has savings, is to receive a recovery from a personal injury or malpractice lawsuit, or is going to inherit money, we can help you set up the appropriate Special Needs Trust to protect your loved one’s assets and prevent these assets from being counted against them and prevent them from being eligible for government financial benefits.

Special Education Transition Planning Cross-Border

As you can imagine, Education systems, and in particular special education systems, in Ontario and New York are quite different. New York is quite complex, and systems and supports are accessed differently with strict timelines, processes, and legal frameworks. Terminology also differs significantly. Furthermore, unlike Ontario, which relies on localized school board committees to identify and place students based on the Education Act, New York relies on the federal Individuals with Disabilities Education Act (IDEA), which is overseen by the New York State Education Department. New York also allows students with disabilities to attend high school through the end of the school year in which they turn 22, providing an additional year compared to Ontario, where students can only attend until age 21.

When moving from Ontario to New York, if your child will need Special Education Services, it is important to know which documents you will need to register your child in the appropriate program. You may have questions. At C.Cadogan and Associates, we work to ensure a smooth transition from Ontario to New York. For instance, you may need to know whether you can use your child’s IEP and Identification, Placement, and Review Committee (IPRC) decision from Ontario to help them get into a New York special education program. The answer is yes, but sometimes your child may need to be re-evaluated after a referral to the Committee on Special Education (CSE) of the school district where you are registered. 

Although every child is guaranteed an education in New York irrespective of immigration status, you will need proof of birth and other identifying documents for your child. We can help you navigate the special education process so that your child receives the free appropriate public education (FAPE) to which she/he is entitled under IDEA. Let us help you to ensure that your child is placed in the least restrictive environment (LRE) so that he/she continues to thrive. You and your child have many opportunities and rights. Let us help you to secure them through our Cross-Border Disability Transition Plan, which provides comprehensive planning for your child to receive the services, programs, and benefits to which he/she is entitled.

If you are already in New York, but are experiencing difficulties or delays accessing special education services, we provide important information about your child’s rights in the School Advocacy and Dispute Resolution sections of the website. Give us a call if you have any questions or need further assistance. We are here to help.