If the trust is a resource to the individual, the property at issue is subject to exclusion as a home under SI 01130.100. Even though the trust holds legal title to the property, the individual, as trust beneficiary, still has an (equitable) ownership interest in it. Therefore, whether the property
Whether supplemental or special, these trusts serve the same purpose of helping meet the needs of individuals with disabilities while still permitting them to qualify for vital public benefits programs. But there are different categories of special needs trusts and important differences between them that warrant a longer explanation.
Continue Reading Supplemental vs. Special Needs Trusts: Any Difference?
If you have a loved one living with a disability, you should be aware of the signs that these individuals may be facing abuse or exploitation in the guardianship system.
Continue Reading Preventing Guardianship Abuse of People With Disabilities
When an unexpected inheritance or lawsuit proceeds are received by a person with disabilities who is on SSI-disability or SSI-elder benefits, the event calls for some special needs planning to continue the SSI monthly checks and Florida Medicaid without going over the $2,000 resource limit. Many think the best or only answer may be an
Whether a personal injury settlement is entirely or partially subject to federal income tax depends on the type of compensation the injured party receives. Personal injury damages fall into different categories, such as compensatory damages. These types of damages may compensate for things like lost wages or the cost of litigation. Other categories include punitive damages and damages for emotional distress. Some damages are not subject to federal income tax.
Continue Reading Is a Personal Injury Settlement Taxed?
Assets do not disqualify households from Section 8. However, HUD uses the standard increase in asset value to calculate income. Annual income, per HUD, can affect the amount of one’s housing voucher.
Continue Reading Will a Special Needs Trust Impact Your Section 8 Voucher?
The Supreme Court decision on the Affordable Care Act (ObamaCare) has tremendous implications for our practice, primarily negative, but is a huge boon to planning for persons with disabilities who have been shut out of the private insurance market in the past. Our law firm’s loss is our clients’ gains, and we couldn’t be happier
The South Dakota Supreme Court decision attached actually pre-dates the U.S. Circuit Court of Appeals decision yesterday by a couple of weeks, but comes to the same conclusion, and further adds language that no state may avoid application of the federal rule:
“[¶ 44.] In a CMS memorandum from Gale P. Arden, Director of Disabled
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.
New POMS may change the way retained funds may be used by Pooled Trust Administrators
Continue Reading New POMS are potentially in the pipeline regarding Pooled Special Needs Trusts’ Use of Retained Funds after Death of SSI Beneficiary