SSI And The “Able” Account
Kelly is 24 years old. She is on the autism spectrum and is receiving SSI. She is doing her best to be independent, but the monthly stipend is limited and it is difficult to live on her own with minimal…
Special Needs Trusts: First Party vs Third Party
Several factors should be considered when determining whether a First Party Special Needs Trust or a Third Party Special Needs Trust should be utilized when developing the appropriate plan for a beneficiary with special needs. In both circumstances, the type…
Ensuring a Secure Future: Inheritance and Special Needs Planning
One of the most frustrating things as a Special Needs planning attorney is to have someone in my office doing planning and they tell me that they need to disinherit a family member because they are receiving some kind of…
What Is An “ABLE” Account?
Are you looking for a way to put away money to pay for expenses of a loved one with disabilities? Then you should consider creating a New York “ABLE” account. “ABLE” stands for “Achieving a Better Life Experience”. To qualify…
Does Social Security Recognize a Power of Attorney?
Social Security and Supplemental Security Income (SSI) benefits are incredibly important for many senior citizens and individuals with special needs. It can be devastating if there is a disruption in these benefits of any kind. In order to avoid disruption…
Key Factors to Consider When Creating a Special Needs Trust
Every trust is comprised of an agreement between two people – a grantor who is donating funds to the trust, and a trustee who manages the donated funds as outlined by the grantor in the trust document. The funds in…
Caution: Crowdfunding Accounts Can Be Detrimental for Someone on Medicaid and SSI
Over the past couple of years, when on social media, I have seen more and more crowdfunding and personal fundraising efforts. Crowdfunding sites such as GoFundMe and Kickstarter cut out the middleman of fundraising, allowing the person or organization in…
The American Health Care Act: Implications for Special Education
The federal Individuals with Disabilities Education Act (IDEA) guarantees all children a free and appropriate education in the least restrictive environment. IDEA requires that children with special needs receive individual educational plans that include specialized in-school and after school services…
The Impact of the Special Needs Trust Fairness Act
Back in December of 2016, we shared the wonderful news of President Obama signing the Special Needs Trust Fairness Act into law. When announced, New York State was out of compliance with this new federal law. On May 22, 2017,…
How Supplemental Security Income Can Help Those in Need
Social Security is a retirement benefit for individuals who are working and contributing to the social security system. However, it also has a benefit for disabled workers and disabled individuals. Supplemental Security Disability Social Security Disability (SSD) is a plan…