Court says veteran can appeal missed deadline
Lawyer Blogs
The Supreme Court said Tuesday that a court for veterans shouldn't rigidly enforce deadlines on military vets who suffer from mental illnesses.
The high court ruled that Doretha H. Henderson, wife of the late David Henderson, can continue his appeal after he was denied benefits.
Henderson's husband was discharged from the armed forces in 1952 after being diagnosed with paranoid schizophrenia. He asked the Veterans Affairs Department for home care in 2001 and was denied. He missed a 120-day deadline for appeal to a veterans court by 15 days, blaming it on his illness.
The veterans court and a federal appeals court agreed that his case was over because Henderson missed the deadline.
Henderson died last Oct. 24, and his wife has taken up his case, arguing that Congress meant the benefits system to be helpful to veterans and their benefits claims.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.