New POMS may change the way retained funds may be used by Pooled Trust Administrators
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New POMS on Special Needs Trusts
The Social Security Administration published new POMS, the staff operating manual, on Special Needs Trusts. As Chair fo the Special Needs Trust Committee of the Florida Bar’s Elder Law Section, I have set a meeting to review the new POMS in detail for March 19th, in Tampa.
Here’s a "CLEAN COPY" of the new 2009
SSI Regional Chief Counsel Opinion Letters on Special Needs Trusts
The Social Security Administration (SSA) has provided attorneys and the general public with very useful information on their analysis of Special Needs Trusts – are you eligible or ineligible if you have such a trust. There are a lot of ways that attorneys can inadvertently cause a Special Needs Trust to be found in violation
FSGA presentation on Social Security, SNT, and Medicare Changes
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
Special Needs Trust “Sole Benefit Rule” and Support of Spouse and Children
There are no clear instructions from the Social Security Administration on whether a trustee of a Special Needs Trust can use a disabled person’s d4A Special Needs Trust to support a healthy spouse and dependent children.
For statutory and policy reasons, we argue, not only can a trustee use a disabled beneficiary’s self-settled SNT funds in
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
Presentation for Academy of Special Needs Planners
The first week of July, we will be presenting a "webinar" (an Internet Seminar) for members of the Academy of Special Needs Planners on the POMS and how to use them. "POMS" is an acronym for the "Program Operations Manual System," the Social Security Administration’s staff manual for its 61,000 employees. In preparation for the
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