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
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
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
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
Special Needs Trusts Q and A Booklet – 2008
Our 18 page booklet, titled "What every personal injury attorney needs to know about SSI, Medicaid and Special Needs Trusts" in Question and Answer format, has been revised to include the latest 2008 federal benefit figures, and developments in Social Security and Florida Medicaid law.