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PLANNING FOR INDIVIDUALS WITH SPECIAL NEEDS PART 2

by Thomas D. Begley, Jr., CELA General This is the second part in a five-part series dealing with planning for individuals with special needs.  Part 1 discussed the reasons to establish a trust and some of the requirements for a Special Needs Trust (SNT).  This article will focus on when to use a Self-Settled Special…

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WHAT HAPPENS WHEN THE PERSONAL INJURY VICTIM ON PUBLIC BENEFITS MOVES TO ANOTHER STATE

by Thomas D. Begley, Jr., CELA People frequently move from New Jersey to other states for various reasons. Occasionally, an individual is transferred by his/her employer and has little say in the matter.  On other occasions, the individual retires and wants to move to a warmer climate with less taxation.  For most people, the move is…

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USING TRUST PROTECTORS IN CONNECTION WITH SPECIAL NEEDS TRUSTS

by Thomas D. Begley, Jr., CELA Plaintiffs in personal injury cases often receive public benefits such as SSI, Medicaid, SNAP (Food Stamps), Federally-Assisted Housing, Adoption Assistance, Temporary Assistance for Needy Families (TANF), Utility Assistance (LIHEAP), and others. To preserve these benefits, they must place the personal injury recovery in a Self-Settled Special Needs Trust. Inevitably,…

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THE IMPACT OF THE REVISED SOCIAL SECURITY POMS ON SPECIAL NEEDS TRUSTS

by Thomas D. Begley, Jr., Esquire, CELA Social Security recently issued four Transmittals, SI 01120 TN 51 – 54. These clarify the Program Operating Manual System (POMS) of the Social Security Administration with respect to trusts, particularly Self-Settled Special Needs Trusts and Pooled Trusts, although there was some discussion of Third Party Special Needs Trusts.  Each…

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