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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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SPECIAL NEEDS TRUSTS AND MEDICARE SET-ASIDE ARRANGEMENTS

by Thomas D. Begley, Jr., Esquire, CELA Generally, Medicare Set-Aside Arrangement (MSA) funds are deposited in a custodial account with a professional trustee or given to the client to self-administer. For cases less than $100,000, giving the funds to the client to self-administer makes sense. CMS has issued a letter of instructions to be delivered…

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TOP TEN MISTAKES IN DRAFTING SPECIAL NEEDS TRUSTS

[This article was originally printed in the Straight Word, a publication of the Burlington County Bar Association.] by Thomas D. Begley, Jr., CELA There are a number of mistakes that scriveners make in drafting special needs trusts. This article will discuss those that frequently occur. Including a Payback Provision in a Third-Party Special Needs Trust….

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DISTRIBUTIONS FROM SPECIAL NEEDS TRUSTS RELATED TO VACATIONS

[This article was originally printed in the Straight Word, a publication of the Burlington County Bar Association.] by Thomas D. Begley, Jr., CELA Individuals with disabilities are often able to travel and take vacations. A special needs trust can pay for vacations, but there are different rules that apply to third-party special needs trusts as…

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