Michael Anderson, a 35-year-old quadripalegic man who needs the assistance of a personal care attendant (PCA), asked the Franklin Institute, Philadelphia\’s science museum, to waive the entrance fee for his PCA. They refused.
A federal district court rules that the Social Security Administration’s Appeals Council did not have good cause to question an administrative law judge\’s finding that a Supplemental Security Income (SSI) beneficiary had no vested interest in a trust that was distilled into a third-party special needs trust. W.N. Kleinert v. Commissioner of Social Security (N.D.Cal., No. 15-cv-06111 NC, July 8, 2016).
Because access to Supplemental Security Income (SSI) depends on a beneficiary\’s income and resources, even small increases in income can cause a reduction or loss of SSI benefits. Unfortunately, when an SSI beneficiary\’s parent is ordered to pay child support, those payments can end up ruining the beneficiary\’s access to government benefits.
The government prepares a budget. Businesses and families prepare budgets. A special needs trust should be no different.
Payment of trustees usually takes one of two forms — either a flat fee based on a percentage of the trust\’s assets or an hourly rate — and the method of compensation usually depends on who is serving as trustee.
If you are administering a first-party special needs trust, pay attention to who is benefiting from items purchased by the trust or you could cause problems with the beneficiary\’s government benefits.
The Seventh Circuit Court of Appeals rules that the potential depletion of a Medicaid beneficiary\’s special needs trust on private nursing care while the beneficiary challenges Wisconsin\’s decision to reduce her Medicaid benefits does not constitute irreparable harm for purposes of obtaining a preliminary injunction. D.U. v. Rhoades (7th Cir., No. 2:13-cv-01457, June 3, 2016).
The Court of Appeals of North Carolina reverses a trial court\’s decision to remove the trustee of a special needs trust after the lower court found, among other things, that he violated the sole benefit rule by using trust funds to purchase a house for his wife, the trust beneficiary. In the Matter of the Estate of Cathleen Bass Skinner (N.C.App.Ct., No. COA15-284, June 21, 2016).
Our son receives Supplemental Security Income (SSI) due to a heart condition. He is about to receive an inheritance and we would like to protect it with a special needs trust. What is the best type of trust for him?
A little-known provision in the Social Security regulations allows the spouse of a retiree to also receive Social Security benefits, even if he has not yet reached retirement age, so long as he is caring for a child with disabilities at home.
“We no longer require that masks be worn when meeting with us. However, if you wear a mask, we’ll do likewise.”
