Government Benefits

Representative Payee for Social Security Benefits

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Martha C. Brown, CELA, a Special Needs Alliance member in St. Louis, Missouri. Martha Martha Brownlimits her practice to elder law and special needs law. A Fellow of the National Academy of Elder Law Attorneys and a Certified Elder Law Attorney, Martha has been designated a Super Lawyer for the last six years. Through her numerous community presentations and continuing legal education presentations, Martha helps attorneys and the public understand and address legal issues concerning the elderly and people with disabilities. Currently Martha is participating in the statewide task force to rewrite the guardianship code in Missouri.

2024-12-12T10:51:01-05:00
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Distributions from Special Needs Trusts: In Kind Distributions, Credit Cards, Gift Cards, or Debit Cards

You are the trustee of a special needs trust. Your beneficiary (Beth) lives in public housing, receives SSI (Supplemental Security Income) and MA (Medical Assistance), and has just asked you for a $200 gift card to Target so that she can buy headphones, clothes, toiletries, and some food. Remember, a special needs trust (SNT) is [...]

2024-12-12T10:53:01-05:00Tags: |
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Roundup: Special Needs Trusts/Vets with Disabilities/Medicare

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. Mother's Gifts to Children Create Dispute over Special Needs Daughter When planning for the longtime financial security of a child with disabilities, it's best [...]

2021-07-20T16:06:55-04:00
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Ignoring Medicare Set-Asides Puts Coverage at Risk

By Pi-Yi G. Mayo, CELA & Bryn Poland, Esq. When a personal injury suit is being settled, one often overlooked step is the creation of a "Medicare Set-Aside (MSA)," money earmarked for future injury-related costs that would otherwise be covered by Medicare. The confusion arises because CMS (The Centers for Medicare and Medicaid Services) has [...]

2024-12-10T09:25:27-05:00
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Medicare Observation Status: Denying Medicare Coverage for Skilled Nursing Home Care

There is an increasing trend to admit Medicare beneficiaries for "observation" as outpatients rather than admitting them as regular hospital patients. This practice may prevent patients from obtaining proper inpatient and post-hospital care under Medicare. Since many individuals with disabilities depend on Medicare as their primary health insurance coverage, this practice can have a serious [...]

2024-12-12T11:24:38-05:00
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Crossing State Lines

Special Needs Planning for Moving to a New State By Wendy H. Sheinberg, CELA No one enjoys moving; it's hard work and involves lots of detail (not to mention all of those boxes). Managing the transition for someone with special needs can be difficult; it's wise to begin planning as soon as you begin seriously [...]

2024-12-10T10:09:55-05:00
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When Good Fortune Means Upheaval: Careful Spend Downs Can Preserve Vital Benefits

By Carol S. Battaglia, Esq. Medicaid and SSI (Supplemental Security Income) often provide the bedrock of economic security for individuals with disabilities. But these needs-based programs require that recipients have no more than $2,000 in "countable resources-$3,000 for a married couple - meaning that receiving an inheritance, personal injury settlement or other lump sum can [...]

2024-12-10T10:13:45-05:00
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Government Benefits as a Foundation for Special Needs Planning

By Barbara Isenhour, Esq. Navigating the acronym-ridden maze of government benefits is tough and misconceptions abound. Families may be unaware of the full range of options available to individuals with I/DD, or they may be confused about eligibility, assuming that they have too much income to consider means-based programs. Most individuals with I/DD can benefit [...]

2024-12-10T10:29:00-05:00
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How to Assess Future Life Needs for a Loved One with a Disability

By Joanne Marcus, MSW, Executive Director, Commonwealth Community Trust The first months, or even years, after receiving the diagnosis are filled with unexpected questions and challenges when you have a loved one with special needs. “Here-and-now” needs like healthcare, therapy, education and other immediate needs can quickly take priority over future planning, which is understandable. [...]

2024-12-10T10:38:50-05:00
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Considerations when Initiating or Settling a Personal Injury Action

This issue of The Voice is written by Ken W. Shulman, Esq. who is a partner in the Boston, Massachusetts, office of Day Pitney LLP. Ken focuses his practice on estate planning and related issues for families who have children with disabilities and on elder law. He has served as a board member for several human service agencies including the Greater Boston ARC and presently serves as a board member for the Asperger's Association of New England. He also serves on the Combined Jewish Philanthropies Committee on Disabilities and previously served on the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. He is a co-author of Managing a Special Needs Trust, People with Disabilities Press (2012). Ken often serves as a trustee of special needs trusts at his clients' request.

2024-12-12T11:45:39-05:00Tags: |
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When Parents Can’t Pay

On Paper, Filial Support Laws Hold Adult Children Accountable By Jason Frank, CELA, CAP, Fellow of NAELA It's no secret that long-term care is in crisis. Today, many nursing home bills are paid by Medicaid, but with the aging of baby boomers and increased longevity, that program will face increasing pressure. As states seek budget-balancing [...]

2024-12-10T10:50:57-05:00
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Call to Action! Ask Federal Legislators to Co-Sponsor Bills Benefiting People with Disabilities

The Special Needs Alliance and other prominent advocacy groups have long supported two pieces of legislation that would greatly benefit individuals with disabilities. Now we're asking you to help sign up additional co-sponsors in the U.S. Senate and House of Representatives. The Special Needs Trust Fairness Act (H.R. 2123/S.1672) This bipartisan legislation was introduced in [...]

2022-05-19T09:43:18-04:00
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Blog Roundup: PI Settlements/College Supports/Eldercare/Employment/SNTs & SSI

SNA attorneys have daily involvement with a wide array of issues facing individuals with disabilities, their families and the professionals who serve them. Below is a sampling of recent posts from member blogs: High Expectations of PI Attorneys When Advising Clients During Settlement A recent client suit against personal injury attorneys illustrates the care with [...]

2022-11-28T08:05:41-05:00
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The Affordable Care Act and Its Impact on Individuals with Special Needs

This issue of the Voice was written by SNA member Shirley B. Whitenack, Esq. of Schenck, Price, Smith & King, LLP and an associate at her firm, Crystal West Edwards. Shirley's practice focuses on elder and special needs law and estate and trust litigation, planning and administration. She is a Fellow and the Vice President of the National Academy of Elder Law Attorneys (NAELA) and is a member of its Council of Advanced Practitioners (CAP). Crystal's practice focuses on elder and special needs law. She is a member of the Elder and Disability Law Section of the New Jersey Bar Association, NAELA, and Secretary of the New Jersey Chapter of NAELA and the Garden State Bar Association.

2024-05-06T14:37:24-04:00
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Harkin Report Cites Lack of Community Services

By Bridget O’Brien Swartz, CELA In 1999, the Supreme Court's Olmstead decision found that delivering services in a segregated setting when such services could otherwise be provided in a less restrictive, more integrated setting, violated the Americans with Disabilities Act. As a result, states were directed to provide services within the mainstream community to the [...]

2021-01-11T10:24:45-05:00
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Looming Budget Deadlines Threaten Safety Net

By Bridget O’Brien Swartz, CELA and Morris Klein, CELA As federal budget deliberations become increasingly urgent, there are a number of issues in play: Given that Senate and House versions of the 2014 budget are $91 billion apart and that the fiscal year begins on October 1, a short-term continuing resolution to provide temporary funding [...]

2024-03-12T10:48:09-04:00
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When Medicaid or SSI Benefits are Denied or Terminated – Now What?

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance members Ann N. Butenhof, CELA and Judith L. Bomster, Esq., of Butenhof & Bomster, P.C., in Manchester, New Hampshire. Both Ann and Judith focus their practices on estate planning, special needs planning, elder law, and probate and trust administration. Ann is a Certified Elder Law Attorney and a Fellow of the American College of Trust and Estate Counsel (ACTEC). Judith currently serves on the Ethics Committee of the New Hampshire Bar Association, and was the primary drafts person for New Hampshire's first pooled special needs trust program for third party trusts. Both Ann and Judith are members of the National Academy of Elder Law Attorneys (NAELA).

2024-06-19T10:43:01-04:00Tags: |
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Military Survivor Benefits and SNTs

Will Congress Correct this Inequity? By Kelly A. Thompson, Esq., Virginia Poor word choice can derail intent. Nearly a decade ago, legislation governing the military's Survivor Benefit Plan stipulated that payments be made to a "person." A literal reading of that language has meant that veterans who have children with special needs can't assign those [...]

2024-07-05T09:14:03-04:00
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