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WRAPPING A MEDICARE SET-ASIDE ARRANGEMENT INSIDE A SPECIAL NEEDS TRUST

by Thomas D. Begley, Jr., Esquire, CELA In any recovery involving a personal injury case, the interest of Medicare must be considered.[1] The idea is that because Medicare is a secondary payer, a beneficiary should not be permitted to receive a recovery for future medical care, pocket the money, and then bill Medicare for that…

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My client received a personal injury settlement: does she need a Special Needs Trust?

If a personal injury lawyer has a client who needs a Special Needs Trust and the lawyer fails to advise the client appropriately and take steps to see that such a trust is established, the personal injury lawyer may have liability to the client under a malpractice claim. Self-Settled Special Needs Trusts were authorized by…

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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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Selecting the Trustee of a Special Needs Trust

The appointment of a proper trustee and the drafting of appropriate removal powers are of critical importance in this type of trust. Very often, the family considers the money to belong to the family rather than to the beneficiary of the trust. This is particularly true if there is a self-settled special needs trust for…

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