Special Needs Trusts – Whose Money is in there?
The term “Special Needs Trust” typically refers to a “first party trust,” funded with assets that belong to a person under 65 who has disabilities. Federal law for the Medicaid and SSI programs — 42 USC 1396p(d)(4)(a) and 42 USC 1382b(c)(C)(ii) –allows an applicant to transfer their excess resources into a Special Needs Trust without being disqualified for...
CAVC Unpublished Order Denying Writ of Mandamus in Hamblin v. Gibson
On June 23, 2014, the Court of Appeals for Veterans Claims (CAVC) issued an unpublished order denying Mr. Hamblin’s petition for extraordinary relief. The unpublished order can be accessed at Hamblin v. Gibson.
As we previously blogged about at VA Appellate Process, Systemic Delays, and the All Writs Act, decisions from the CAVC denying mandamus petitions under the All Writs Act for...
NJ issues new Guardianship Judgment & Annual Report Form
The Supreme Court of New Jersey recently adopted a new standardized Judgment of Incapacity for Guardianship cases, to be used by the probate courts throughout the state. It’s called the Revised Model Judgment.
The Judgment is the final court order signed by the Judge which generally appoints the Guardian of Person and Property and places an array of obligations and limitations on the...
Special Needs Trusts and SSI recipients
If you receive Supplemental Security Income (SSI) benefits and you are the beneficiary of a Special Needs Trust (“SNT”) or a Supplemental Needs or Supplemental Benefits (Third Party) Trust, your Trustee must be careful in the management of the Trust to preserve your benefits. The Trust cannot be used to pay for shelter or food. It is designed to pay for supplemental or...
SSI vs SSD – What’s the Difference?
Social Security Disability Insurance (SSD) and Supplemental Security Income (SSI) are both federal programs providing income to people who are unable to work due to disability. The medical standard is the same: ” inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which...
Social Security Admin issues same-sex couple provision
The Social Security Administration has issued guidance concerning same-sex couples who were married in one state but now reside in a state where same-sex marriage isn’t recognized. Under the Social Security Act, marriage is defined by the state law of the state where the applicant resides: “To decide your relationship as the insured’s wife or husband we look to the laws of...
Same Sex Federal Benefits for Veterans – Confusion Continues and a Plea for Consistency
On June 17, 2014, the Department of Veterans Affairs released VAOPGCPREC 4-2014, an opinion clarifying the application of 38 U.S.C. § 103(c). Section 103(c) deals with the definition of “spouse” for VA purposes. In short, if a marriage is “valid under the law of place where they resided at the time of inception of their marriage, it is valid for VA purposes.” Under...
Family Caregiving is in the News
The subject of family caregiving for sick and elderly relatives has been in the news a lot lately. Many people need to modify their work schedules to provide transportation, prepare meals, give medicine or provide supervision for frail parents. One of the issues is the tremendous number of middle-aged women who leave their jobs to become full-time caregivers for aging parents. See...
Elder Law: Let’s Get Organized II
Click here to read Part I of this post now.
Every day, people conduct their lives using cash payments. They go to ATMs or they write checks to “cash” and get cash from a bank teller. They use cash for groceries, and to pay their gardeners, hairdressers, and snow shovelers. They hire people for home repairs big and small. They pay in cash for furniture or remodelling when the cash...
Improving the Lives of Elders, One Gesture at a Time
The NY Times reported, on 21 June 2014, about a gym being operated by Martin Luther King Addo, a bodybuilder and personal trainer who was raised in Ghana in West Africa. Mr. Addo opened his gym next to an apartment building in Manhattan and specially tailors much of his work to the residents in their 80’s or even 90’s or have disabilities, helping them to improve their walking,...