The organizers of the Florida State Guardianship Annual Convention asked me to prepare some comments on Social Security, Medicare and Medicaid – It Just Keeps Changing. The ten page paper highlights changes in how attorneys and guardians of disabled individuals will have to change the way they interact with SSA, video hearings, “paperless” medical
New Developments
New POMS Rule on Special Needs Trusts – Atlanta
Social Security Region 4
Good news! One of the tasks of our Florida Bar Elder Law Section’s Special Needs Committee which I co-chaired this year, was to petition the Social Security Administration to change the Atlanta Regional POMS on Trusts. Specifically, we wanted recognition that the Doctrine of Worthier Title no longer applied in…
Same Sex Marriages? SSA in a panic!
On May 15, 2008, the California Supreme Court legalized same-sex marriages. The ruling took effect on June 17, 2008. On June 6th, the Social Security Administration issued EM-08061, an Emergency Message telling the 61,000 member staff to "wait for instructions" before answering any questions about the effect of the ruling on certain Social Security benefits…
How much, how much? Handy tool coming to answer the question!
On July 19, 2008, we will all have access to a new Internet tool courtesy of the Social Security Administration. It is called the benefit estimator, and will allow each of us to secure a reasonably accurate estimate, online, of our Social Security retirement or disability benefit monthly check amount.
The benefit estimator will…
Economic Stimulus checks don’t count against SSI elligibility
…at least for a couple of months.
The general rule for SSI financial eligibility is that an item of income received, is "income in the month received, and becomes a resource (asset) on the first of the following month" if still retained by the disabled or elderly SSI recipient.
However, EM-08029, an Emergency Message…
New rule on step-parent deeming
It won’t come up often, but will certainly help in certain situations. The general rule is that eligibility for SSI disability payments, and SSI-related Medicaid, for minor children depends on the income and assets of the parents, which are "deemed" to be available to the child. "Parents" include "step-parents." But only the income and assets…
Special Needs Trusts Q and A Booklet – 2008
Our 18 page booklet, titled "What every personal injury attorney needs to know about SSI, Medicaid and Special Needs Trusts" in Question and Answer format, has been revised to include the latest 2008 federal benefit figures, and developments in Social Security and Florida Medicaid law.