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
Special Needs Trusts
South Dakota Supreme Court: Federal law prohibits over age 65 pooled trust membership
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 …
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.
New POMS are potentially in the pipeline regarding Pooled Special Needs Trusts’ Use of Retained Funds after Death of SSI Beneficiary
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
Disability Savings Accounts – H.R. 1205
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 …
Florida Special Needs Trusts
Special Needs Trusts in Florida and around the nation will be impacted by the new POMS on Special Needs Trusts issued in January. The March meeting of the Academy of Special Needs Planners will have top experts discussing the changes, and other important information on Special Needs Trusts. If you are an attorney, plan to…
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…
Special Needs Trusts Questions and Answers
We’ve updated our Q and A BOOKLET with the most common questions and answers on Special Needs Trusts as a method to legally shelter, with governmental approval, funds from personal injury awards and from inheritances.
Email us at Lillesand@bellsouth.net if you have additional questions or need more general information.
2008 SSI Parental and Spousal Deeming Chart
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…