It would be difficult to underestimate the positive impact of ObamaCare – the Affordable Care Act – on persons with disabilities.  In the last two weeks, I have had three clients who were seeking a finding of "disabled" by the Social Security Administration because being found eligible for a monthly disability check would qualify them to receive health care.  None of them are now that they can purchase health insurance.

The private profit-making health insurance industry will not take individuals with pre-existing health conditions.  One client, a published author, had lost her health insurance when she developed Crohn’s Disease.  Although it was initially somewhat managed, painfully, by medications, she now needs to have many feet of necrotic intestinal tissue removed surgically from her stomach.  Even though she has money, no insurance company would sell her health insurance.  She has too much money for Medicaid eligibility.  She will die without surgery.Continue Reading The Impact of the Affordable Care Act on persons with disabilities

Each year the Social Security Administration announces in October if there will be any changes in the amount of payments of SSI and SSDI due to Cost of Living Adjustments.  The new payments for SSI for 2012 are $698 to and individual, and $1048 to a married couple who are both on SSI.  SSI is

Congratulations and a  big thank you to our Florida Congressmen, Ander Crenshaw and Kendrick Meek, who have introduced legislation to allow families to plan for their loved ones with some significant tax saings.   Information on the bill follows.  To see the bill in its entirety, click on H.R. 1205.

Disability Savings Accounts

The bipartisan Achieving

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

A lot of people in general, and professionals (attorneys, CPAs, financial planners, social workers, and others) confuse Social Security Disability Benefits (SSDI) and SSI Disability Benefits.  Also, receipt of SSDI triggers Medicare health insurance, and SSI triggers Medicaid.

It is important to understand the differences.  Social Security Disability Insurance benefits can be paid to millionaires.

SSI

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