Creating a Real Home for a Family Member with a Disability: Top Ten Tips
Following are some important items to take into consideration when creating residential supports for family members with a disability 1. FUTURE OF GOVERNMENT RESOURCES There is no dispute that the current economic conditions facing the nation, the states and our local communities will continue. It is estimated that 45 states are expecting budget shortfalls in…
Memo to Trustees of OBRA ’93 Supplemental Needs Trusts
This memo is intended to help you properly administer an OBRA ‘93 or a Supplemental Needs Trust for its beneficiary. We recommend you keep this memo for future reference. The purpose of the OBRA ‘93 Trust or a Supplemental Needs Trust is to allow the disabled beneficiary to benefit from the funds in the trust…
Introduction to Social Security Benefits Available to Persons with Disabilities
If you are disabled and incapable of substantial gainful activity, you may be eligible for either Supplemental Security Income (SSI) or Social Security Disability Income (SSDI). Both of these programs pay money to persons who are disabled and incapable of substantial gainful activity (as of 2019 substantial gainful activity is defined as the ability to…
Special Needs Trust Helps Ensure Support, Care
Estate planning for parents with a dependent who has a disability is a complex process. Most parents find it difficult to even contemplate their death and, as a result, planning can be an upsetting experience for families. It is not unusual for parents to feel either too young to consider estate planning or to feel…
Siblings Role in Managing a Special Needs Trust
A special needs trust is a way to ensure that an inheritance intended for the benefit of a family member with a disability is left in a manner to supplement government benefits rather than supplant them. When a person is challenged with a disability, s/he may qualify for several needs- based government benefits such as…
Military Child Protection Act Enables Military Members to Name Special Needs Trusts as Beneficiaries of a Survivor Benefit Plan
On December 15, 2014, Congress passed the Disabled Military Child Protection Act which allows military families to protect their Survivor Benefit Plans (SBP) by allowing the benefits to be directed to a qualified special needs trust. If there are any funds left in the trust when the disabled beneficiary dies, the funds are paid back…
Memo to Parents Concerning First Party OBRA ‘93 Special Needs Trusts
This memo is being given to you to help explain the type of trust we have prepared for your child. On occasion, SSI may question the validity of this trust and may question whether future additions of child support to the OBRA ‘93 Trust be treated as income under SSI rules. It is important that…
Lifelong Planning for Families with a Member With Long-Term Disabilities
NAVIGATING THE SCHOOL YEARS THE IMPORTANCE OF EARLY PLANNING It is critical to make sure proper supports are in place for the child who may need lifelong supports and services. When child is young or first diagnosed When child is in middle school and early teen years When child is in the transition years 15-22…
Issues When a Party in a Divorce Has a Disability or Has a Child With a Disability
Persons who are disabled, as well as parents of children with disabilities, have special planning needs which need to be addressed if the parties are in the midst of a divorce. When a party in a divorce action has a disability or has a child with a disability who is receiving Supplemental Security Income (SSI)…