SSI TRANSFERS & TRUSTS
If an SSI recipient or spouse of an SSI recipient disposes of resources for less than fair market value during a 36-month look back period,1 the individual is ineligible for benefits for a period of time. The period is calculated by dividing the uncompensated value of the transfer by the amount of the maximum monthly…
Traumatic Brain Injury Fund
The Traumatic Brain Injury Trust Fund is different from the Traumatic Brain Injury Medicaid Waiver Program. The Fund is administered by the New Jersey Department of Human Services, Division of Disability Services. The Fund pays, as a last resort, for the cost of post-acute care, services, and supports to…
Protection From Spousal Impoverishment
In 1988, Congress passed the Medicare Catastrophic Coverage Act (MCCA). Pub. L. No. 100-360 codified at 42 U.S.C. § 1396p(c) as amended by 42 U.S.C. § 1396r-5. Provisions of this Act were designed to avoid impoverishing the community spouse. For example, since October 1, 1989, the income of the…
2009 REVISIONS TO THE SOCIAL SECURITY ADMINISTRATION POMS RELATING TO SPECIAL NEEDS TRUSTS
In January of 2009, the Social Security Administration (SSA) made a number of changes to the POMS relating to both first party and third party special needs trusts. These changes affect the drafting and administration of Special Needs Trusts and drafting Court Orders establishing self-settled special needs trusts. Pooled trusts are also covered in the…