The United State Circuit Court of Appeals for the Eight Circuit ruled today in Center v. Olson that persons age 65 and over cannot place funds in a pooled trust without serving a penalty first. This decision aligns Medicaid eligibility to the position that the Social Security Administration has taken with regard to maintaining SSI
Special Needs Trusts, Alimony and Child Support
We recently were asked whether there were any special protections in federal or state public benefits law that would prevent Special Needs Trust assets and income distributions from them, from being counted in the disabled beneficiary’s ability to pay alimony and child support to his wife and children.
Our response is found here.
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
Worker’s Compensation benefits and SSI
An attorney asked us, "How does the Social Security Administration treat Worker’s Compensation benefits for SSI eligibility purposes?"
WC weekly wage replacement payments. The SSI financial eligiblity rules require that a claimant have low income and few assets, which they call "resources." Weekly worker’s comp wage payments are treated as "unearned income" for SSI
Stetson Special Needs Trust Conference
I will be presenting at both the Basics and the Advanced sessions of the Stetson College of Law Program on Special Needs Trusts. This is the 10th Annual program, and has become "the" national program for basic and advanced continuing legal education on Special Needs Trusts. If you are a professional in the field, either