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Medicaid Trusts

1. Medicaid-Qualifying Trusts Trusts established and funded on or before August 10, 1993, are governed by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and trusts established and funded after August 10, 1993, are governed by OBRA-93.  42 U.S.C. § 1396a(k) and 1396p. A Medicaid-Qualifying Trust (MQT) was defined under COBRA as a trust…

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Distributions from Special Needs Trusts Relating to Medical Expenses

One of the most pressing needs for disabled beneficiaries is medical care. Medical Insurance It is crucial that the disabled beneficiary obtain some form of medical insurance.[1] Options include the following: Private Medical Insurance. Typically, the only source of private medical insurance at regular rates is through the parent’s coverage with the parent’s employer. Parents…

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How Does The Social Security Administration Define a Disability?

For a person to be receiving either SSI or SSDI, there must first be a determination of disability by the Social Security Administration (SSA).  The beneficiary of a self-settled special needs trust must be disabled. A third party special needs trust could be established with the anticipation that the beneficiary may become disabled in the…

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Early Termination Provisions in Self-Settled Special Needs Trusts and Self-Settled Pooled Trusts

On June 25, 2010, the Social Security Administration (SSA) issued clarification to the POMS relating to Early Termination Provisions and Trusts.[1] It should be noted that these provisions are not effective until October 1, 2010.  Until that date, this POMS is to be considered informational only. The new POMS clarifies what is an early termination…

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