The new 2008 Deeming Chart should be used by banks and other Special Needs Trust Administrators judiciously. Pay particular attention to the qualifications indicating when the trust may not be used, which appear at the end of the chart. Also be aware that these numbers increase annually, but a slight amount, due to changes in
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
What’s the relationship between SSDI, SSI, Medicare and Medicaid
The four major programs fall nicely into a Matrix: the two columns are the monthly SSA payments (either RIB/DIB or SSI) which trigger the two major medical programs, Medicare and Medicaid. The two rows indicate which two programs are insurance-based (RIB/DIB and Medicare) and which two are welfare programs with monthly means-testing for income
How SSA decides and processes a disability claim
If you’ve ever wondered how the Social Security Administration decides whether a person is disabled, look here.
If you’ve wondered what are the steps to get disability, look here, and note the length of time between each step.
If you’re absolutely bewildered by the length of time it takes to get a hearing
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
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
New source for new regulations
Until recently, if you wanted to see what SSA was up to in terms of proposing new regulations, you would go to policy information page on the Social Security Administration’s main website.
Under a new policy, all federal agencies’ proposed regulations, and other announcements, will appear on a new website called Regulations.gov. One