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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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MILLER TRUSTS

by Thomas D. Begley, Jr., Esquire, CELA For purposes of Medicaid long-term care services, New Jersey has always been an income cap state. That means that an individual’s income must not exceed 300% of the Federal Benefit Rate (FBR). Beginning January 1, 2017 that means that an individual’s monthly income cannot exceed $2,205. Historically, individuals…

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THE INTERPLAY BETWEEN ABLE ACCOUNTS AND SPECIAL NEEDS TRUSTS

by Thomas D. Begley, Jr., Esquire, CELA An ABLE account is an account established for the benefit of an individual with disabilities. While most people point to the fact that the earnings on the ABLE account are tax free as the chief benefit of these accounts, I believe that a much more significant advantage is…

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