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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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Types of Special Needs Trusts

There are essentially two types of special needs trusts: third party trusts and self-settled trusts. This article will discuss the features that are common to both trusts.  In addition, there are pooled trusts. Pooled trusts can be either third party or self-settled. The distinction between a third party special needs trust and a self-settled special…

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When do I Need a Self-Settled Special Needs Trust?

In the settlement of litigation, the plaintiff is often receiving public benefits.  The question then arises as to whether a special needs trust is required.  There are certain types of public benefits that are means-tested.  Others are not.  Generally, means-tested public benefits require that the individual have assets of less than $2,000 and have certain…

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