Be sure to fund your Special Needs Trust before age 65
“Special Needs Trusts” are a specific type of Trust which is referenced in the Social Security Act at 42 USC 1396p(d)(4)(a) (regarding Medicaid) and at 42 UC 1382b(c)(1)(C)(ii)(III) (regarding Supplemental Security Income . http://www.socialsecurity.gov/ssi/spotlights/spot-trusts.htm These are first-party trusts, also called grantor trusts. They are for the sole benefit of a person...
What Can Your Elder Law Attorney Do for You?
If your family is struggling with the difficult decisions regarding nursing home placement or ongoing disability, Medicaid eligibility, or a need for in-home care, the elder law attorneys at FRE-L can assist you with many of the steps in that process. You may be wondering whether to engage an elder law attorney or to work with an application processer recommended by a nursing home. First and...
Medicare and You: Skilled care can continue despite failure to improve.
I received the attached video links from an elder lawyer colleague in Massachusetts . These are two videos designed to raise the awareness of Outpatient Status under Medicare and the Improvement Standard for patients and their advocates. The situations arise when a patient who is a Medicare beneficiary requires skilled therapy following a hospitalization. Historically, therapy would be stopped...
Top ten reasons to hire a lawyer for a Medicaid application
The Medicaid program for long-term care was created by Congress decades ago and is administered by the States and their myriad separate counties. Did you know that there are at least 11 bodies of law that interpret this byzantine program? From top to bottom we have the Federal Medicaid statutes (42 USC 1396); the Social Security statutes pertaining to the SSI program (42 USC 1382); SSI...
Boomer Law – Estate Planning in NJ
You’re 55 to 70 and your kids are all over 21 and starting to find their way in the world. It’s been 20 years since you last made an estate plan, and that may have only been a Will. Sounds familiar? I see these situations all the time. There can be loads of issues for baby boomers to think about as you bring your estate plan in sync with your real life circumstances:
(1) NJ...
Waiting time for Social Security appeal process is growing
If you are no longer able to work due to severe, medically-documented physical or mental conditions, you may be thinking about filing a claim for Title II Social Security Disability benefits. You need to be prepared for a long, slow process. It can easily take three years from start to finish.
First of all, you generally do not file your claim until after you have stopped working full time and...
Family estate planning to protect children with disabilities
When it comes to designing an estate plan there is no “one size fits all” because each family is unique. You may have a young adult child with profound disabilities who will never be self sufficient and will require extensive support. Or you may have a child who is developing a certain degree of independence with work activity or ability to live outside your home despite their...
A QLAC for IRAs is not a “Medicaid Annuity.”
This year, the IRS adopted final regulations which allow an IRA or 401K account holder to direct 25% of the qualified funds into a new structure called a Qualified Longevity Annuity Contract (QLAC). This is a deferred-income annuity contract purchased from an insurance company with qualified funds. The portion of qualified assets used to purchase the QLAC will not be subject to the Required...
Community programs & services for people with special needs & their families
I recently came across information about special programs events that may be of interest to you if you are caring for or assisting a family member who has special needs. The events took place in November in the greater Essex-Morris-Union county areas but they are the beginning of what will be many programs on these issues that will be run through the Jewish Federation of Greater MetroWest....
2015 Medicaid numbers now available
http://medicaid.gov/medicaid-chip-program-information/by-topics/eligibility/downloads/2015-ssi-and-spousal-impoverishment-standards.pdf
Starting January 1, 2015, the Community Spouse Resource Allowance (CSRA) for the community spouse of a married Medicaid applicant is being raised to $119,220 from $117,240.00. This is the amount of countable available resources that the community spouse can...