The “ABLE” account is a relatively new planning tool that offers an individual with disabilities a tax-free savings option (similar to a 529 College Savings Plan) that does not interfere with the individual’s eligibility for means-tested government benefits, such as Supplemental Security Income (SSI) and Medicaid. Special needs trusts (SNTs) are well-established savings tools that [...]
By Joanne Marcus, MSW, Executive Director, Commonwealth Community Trust Buying a vehicle is a big financial decision involving research and patience. For individuals receiving Medicaid and SSI (Supplemental Security Income), the rules allow for ownership of one vehicle without jeopardizing benefit eligibility. When an individual has adequate funds in a pooled special needs trust (PSNT), using the [...]
By Ann N. Butenhof, CELA & Judith L. Bomster, Esq. Medicaid and SSI (Supplemental Security Income) are often essential to quality of life for individuals with disabilities. So it can be very stressful if benefits are denied, decreased or terminated. But federal law guarantees the right to appeal if you think a mistake has been [...]
By Cora A. Alsante, Esq. A recent decision by the United States Supreme Court regarding Individualized Education Plans (IEPs) has been widely praised. The Individuals with Disabilities Education Act (IDEA) guarantees “free appropriate public education” to students with disabilities. The definition of “appropriate,” however, was at issue. The Supreme Court unanimously ruled that in order [...]
A Supplemental Security Income (SSI) recipient is eligible to receive a monthly cash benefit when the Social Security Administration (SSA) determines that, among other eligibility criteria, the recipient’s income and resources fall below certain limits. Generally, the SSA includes funds held in trust for the benefit of the recipient towards this resource limit; however, funds [...]
By Mary Alice Jackson, Esq. The American Health Care Act (ACHA), which has the objective of repealing and replacing major parts of the Affordable Care Act (ACA or Obamacare), passed the U.S. House of Representatives on May 4, 2017, by a razor thin margin─217 in favor, 213 against. Not many stakeholders like the House’s plan [...]
ABLE Accounts Can Help People With Disabilities Save Tax-Free
SNA attorneys have ongoing involvement with the wide-ranging issues faced by individuals with disabilities, their families and the professionals who serve them. Below is a sampling of posts from member blogs and newsletters. The grandparents of my child with special needs left him an inheritance. What do we do? Without special needs planning, a well-intentioned inheritance can leave someone ineligible [...]
By Roxanne J. Chang, Esq. Individuals who have disabilities or who are older are at higher risk of abuse, neglect and exploitation. According to the National Center on Elder Abuse, approximately 30 percent of individuals with disabilities who need assistance with daily care, maintaining health and safety, and accessing the community have experienced some form [...]
By Charlene K. Quade, Esq. Individuals establish special needs trusts (SNTs) to protect assets intended to supplement means-tested government benefits for a sole beneficiary, and to preserve the individual’s eligibility for such programs. SNTs exist in the form of first party, first party pooled, third party, and third party pooled trusts. First party and first [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment of The Voice was written by Special Needs Alliance member Tara Anne Pleat, Esq.. Tara is a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York. She practices in the areas of Special Needs Planning, Elder Law, and Trust and Estate Planning and Administration. Tara writes and lectures frequently on issues affecting individuals with disabilities and their families.
By Elisa Dillard Rainey, CELA Since 1987, when President Ronald Reagan declared March to be “Developmental Disabilities Awareness Month,” this has been a time to celebrate progress and recognize the remaining challenges facing those with special needs. One of the biggest victories has been the increased involvement of individuals with disabilities in mainstream life. I [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment of The Voice was written by Special Needs Alliance member Morris Klein, CELA, who practices law in Bethesda, Maryland. Morris has been recognized as a Certified Elder Law Attorney by the National Elder Law Foundation, and focuses on elder law and special needs planning. He currently serves on the SNA Board of Directors, and is a former member of the Board of Directors of the First Maryland Disability Trust.
By Robert F. Brogan, CELA Public benefit programs are likely to see significant modifications. Legislators are already proposing major changes to the Affordable Care Act (ACA), Medicaid, Social Security, Medicare and other programs of enormous importance to individuals with disabilities. Legislative action is likely to impact the following: Repeal or revision of ACA Block grants [...]
By Julian Gray and Frank Petrich, Pittsburgh Post-Gazette
By Scott C. Suzuki, Esq., Parenting Special Needs Magazine
The 2014 CMS Home and Community-Based Settings Rule By James McCarten, Esq. This is the second in a series of three articles exploring the challenges, options and effects of new regulations on community-based living for individuals with disabilities. The author is both a special needs attorney and father to Kathryn, who has autism. The first [...]
Watch Out for the Details By Andrew H. Hook, CELA Retirement accounts are often among a family’s largest assets, so you may have thought about leaving a portion to your son or daughter with disabilities. But if they will ever need means-tested benefits, your good intentions could disqualify them for important programs such as Medicaid [...]
By James McCarten, Esq. First and foremost, I am Diane's husband and Kathryn's father. After that, I am an attorney and a "tax nerd," which is the title bestowed on me with much love, affection and humor by my daughter, Kathryn. Kathryn is almost 24 and has autism. Her mother and I want as independent [...]
By Shirley B. Whitenack, Esq. New regulations from the Centers for Medicare and Medicaid Services (CMS), scheduled to become effective November 28, 2016, prohibit federally funded nursing homes from requiring applicants to agree to binding arbitration in the event of future disputes. The regulations, however, are currently on hold due to an injunction entered by [...]