Social Security – Fast Facts and Figures

A new Social Security web publication, Fast Facts & Figures,” answers the most frequently asked questions about the programs SSA administers. It highlights basic program data for the Social Security (retirement, survivors, and disability) and Supplemental Security Income programs. Most of the data come from the “Annual Statistical Supplement to the Social Security Bulletin,” which contains more than 240 detailed tables. The information on the income of the aged is from the data series, “Income of the Population 55 or Older.” Data on trust fund operations are from the 2012 Trustees Report. The tables and charts illustrate the range of program beneficiaries, from the country’s oldest to its youngest citizens. In all, about 60.4 million people receive some type of benefit or assistance.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Fire Safety for Individuals with Disabilities

Each year an estimated 2,655 deaths and 13,025 injuries occur as the result of residential building fires. The risk of death or injury from fire is even greater for people with physical, mental or sensory disabilities. Special populations such as people with disabilities, people who are deaf or hard of hearing and individuals who are visually impaired can significantly increase their chances of surviving a fire by practicing proven fire safety precautions. The United States Fire Administration (USFA) encourages individuals with special needs to read and use the following fire safety tips to help protect themselves and their homes from fire.

1. Install and Maintain Smoke Alarms

  • Smoke alarms with a vibrating pad or flashing light are available for people who are deaf or hard of hearing. Additionally, smoke alarms with a strobe light outside the house to catch the attention of neighbors and emergency call systems for summoning help are also available.
  • If you need assistance, ask the manager of your building or a friend or relative to install at least one smoke alarm on each level of your home.
  • Make sure your smoke alarms are tested monthly and change the batteries at least once a year.

2. Plan Your Escape

  • Identify at least two exits from every room.
  • If you use a walker or wheelchair, check all exits to be sure you can get through the doorways easily.
  • Make any necessary accommodations, such as providing exit ramps and widening doorways, to facilitate an emergency escape.
  • People with mobility difficulties are encouraged to have their bedroom on the ground floor and as close as possible to an exit.

3. Don’t Isolate Yourself

People with disabilities often are excluded from the development of escape plans, as well as practicing using those escape plans and participating in fire safety drills. As a result, their vital input is omitted and their fire safety needs remain unfulfilled. Take initiative and speak up to ensure that all involved parties receive the fire safety information they need in case of an emergency.

  • Speak to your family members, building manager or neighbors about your fire safety plan and practice it with them.
  • Contact your local fire department’s non-emergency line and explain your special needs. They may suggest escape plan ideas and/or perform a home fire safety inspection and offer suggestions about smoke alarm placement and maintenance.
  • Ask emergency providers to keep your special needs information on file.
  • Keep a phone near your bed and be ready to call 911 or your local emergency number if a fire occurs.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Invite Others to Contribute to the 3rd Party Special Needs Trust

When parents ponder how to provide for their child with special needs, they sometimes forget one of the key advantages of a 3rd party special needs trust that is created while the parents are still alive: the trust can be the recipient not just of the obvious assets that are available for the child. Members of the extended family (grandparents, aunts, uncles, etc.) and friends can also make gifts to the trust or remember the trust as they plan their own estates.

In addition to the gifts and inheritances from other people who love the child, parents can leave their own assets to the trust in their will or trust. They can also name the trust as a beneficiary of life insurance or retirement benefits. Parents might consider whether making the trust the beneficiary of a life insurance policy makes sense now, while they are still healthy and insurance rates are low.

An attorney whose practice focuses on helping families with children who have special needs can assist you in setting up a trust that can receive such gifts and ensuring the gifts are properly allocated so they do not jeopardize any public benefits the child may receive.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Child Support and Supplemental Security Income

Supplemental Security Income (SSI) is a federal program that provides cash assistance to people with disabilities who have very limited incomes and resources. In most cases, SSI recipients may also obtain a much more important benefit — automatic Medicaid eligibility. Because access to SSI depends on a beneficiary’s income and resources, even small increases in income can cause a reduction or loss of SSI benefits. Unfortunately, when an SSI beneficiary’s parent is ordered to pay child support, those payments can end up ruining the beneficiary’s access to government benefits.

Child support payments are a problem for SSI recipients because the Social Security Administration (SSA) treats a substantial portion of a child support payment as unearned income for purposes of calculating SSI benefits. Receipt of unearned income results in a dollar-for-dollar reduction in an SSI benefit, so, for instance, an SSI beneficiary who receives $200 in unearned income has her SSI benefit reduced by $200 in the month that the income is received. If the amount of unearned income is greater than the entire SSI benefit (for example, when someone has a $500 monthly SSI benefit and she receives $600 in unearned income), the beneficiary loses SSI, and, potentially, Medicaid.

Fortunately, the SSA does not always count an entire child support payment as unearned income. If a child support recipient is younger than 18 (or 22, if she is still in school), and if the recipient receives the payment from an absent parent (defined as a parent who does not live in the same household as the child), then the SSA considers only two-thirds of the payment as unearned income. However, this is small consolation for an SSI beneficiary who has her assistance reduced or terminated despite the one-third break.

There are several ways to handle child support for a child with special needs. If the amount of the child’s SSI benefit is clear at the time of the divorce, it may be possible to agree upon a child support settlement that reduces, but does not eliminate, SSI. (Of course, the benefit of receiving SSI and Medicaid has to be weighed against the advantages of a larger child support payment. In some cases, it may be better to forgo SSI and receive a larger child support award instead.)

In other cases, it may make sense to create a special needs trust for the child’s benefit. The court can then order the non-custodial parent to make support payments directly into the special needs trust. The trust will shelter the income and allow the child to retain SSI benefits, and, in many cases, the support payments can be retained in the trust if not immediately used. Unfortunately, these particular special needs trusts are not perfect because they must contain a “payback provision” that allows the government to recover its Medicaid expenses from the unused assets in a deceased SSI beneficiary’s trust. However, if properly managed, there may not be a large sum remaining in the special needs trust when the beneficiary passes away.

If you are in the middle of a divorce, or if previously agreed-upon child support payments are wreaking havoc with your child’s SSI benefits, talk to your special needs planner about your options immediately.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Choosing an Investment Advisor for a Special Needs Trust

Trustees of special needs trusts have a duty to properly manage the funds in their care. However, most trustees, especially non-professional ones, are not sophisticated investors and they should not be directly managing the investment of large sums of money. This does not mean that the trustee of a special needs trust should simply toss the trust funds into a savings account and be done with it. On the contrary, a trustee needs to grow the trust principal as best he can, keeping in mind the current and future needs of the trust’s beneficiary. In many cases, this means that the trustee should hire a professional investment advisor.

There are countless investment professionals out there to choose from — so many, in fact, that the choice of an investment advisor can quickly become overwhelming. The Web site of the Securities and Exchange Commission (SEC)offers several tips for beginning investors who are seeking to hire an investment professional. According to the SEC, investors should know exactly what services they are looking for prior to interviewing advisors, and they should find out what services their potential investment advisor provides, how much those services cost, and how and when the advisor gets paid.

These threshold questions are important, but the SEC also recommends asking each potential advisor a battery of specific questions, including questions about their experience, education and employment history, whether the advisor is limited to recommending a certain set of products and whether the advisor is registered with the SEC or with a state licensing agency. Trustees should also understand the various types of fee structures utilized by investment advisors, including a percentage fee based on the total assets under management, an hourly system, a fixed fee or a commission based on the products sold.

Trustees of special needs trusts have slightly different needs than typical investors, and, if possible, they should work with advisors who are flexible and who already have experience investing the funds of special needs trusts. Trustees should also be aware that hiring a poor financial advisor could lead to a breach-of-fiduciary duty claim against the trustee, so more detailed background checks and due diligence are required than if the trustee were an individual investor.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

It’s Possible to Discharge a Student Loan Because of Disability

As of 2011, the average college student (graduate and undergraduate) left school with $23,300 in debt. Repayment of student loans has always been difficult, but with the economy still working its way back, many recent graduates have no jobs and no way to pay back their loans. People with disabilities that prevent them from working face an even more desperate set of challenges.

Fortunately, people with disabilities can apply for disability discharges of loans from the following programs: Federal Family Education Loans (FFEL), Perkins Loans, William D. Ford Federal Direct Loans (Direct Loans), and Teacher Education Assistance for College and Higher Education (TEACH) Grants.

To qualify for a disability discharge, a borrower must show that she has a physical or mental impairment that will either result in death or has lasted or will be expected to last more than 60 months. (Different, less stringent rules apply to veterans with disabilities.) The borrower’s doctor must submit paperwork to the U.S. Department of Education certifying the borrower’s condition, and, if approved, the loan will be conditionally discharged.

Once a loan is conditionally discharged, the borrower must not engage in employment that results in income exceeding the federal poverty rate for a family of two for the next three years. Once the three-year period has passed, the loan will be completely discharged.

No one wants to default on his obligations, but if a borrower cannot repay a loan due to disability, he should promptly apply for a disability discharge so that the funds he would normally spend on loan repayment can be directed towards future care.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Social Security to Add Adult Huntington’s Disease to Compassionate Allowances Program

Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the statutory standard for disability. The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years.

The Social Security Administration will add symptomatic Huntington’s Disease to its Compassionate Allowances program for adults by the end of the year. The expedited disability process will identify people with significant symptoms of this devastating neurological disease. Adult Huntington’s Disease will accompany the designation of Juvenile Huntington’s Disease as a Compassionate Allowance condition, which will be effective next month.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

 

 

 

 

 

Medi-Cal vs. Medicare – What’s the Difference?

People with special needs may qualify for a variety of government benefits, including Medi-cal and Medicare. It can be difficult to tell the two programs apart, especially because their names are so similar. However, Medi-Cal and Medicare, which account for the lions share of federal spending on health care, are dramatically different programs with different eligibility requirements and benefits. Here’s how the two programs differ.

Means-Tested Means Medi-Cal

Medi-Cal is a state and federal partnership program that gives medical coverage to selected groups with low-incomes — children, pregnant women, parents of eligible children, people with disabilities, and elderly in need of long-term care. In order to qualify for Medi-Cal, a person must generally have a low monthly income, and in certain cases he may not have many resources in his own name. Because eligibility is based on a person’s income and assets, Medi-Cal is known as a means-tested program.

Medicare is a pure health insurance system that is open any member of a qualifying group, regardless of income or assets. Although people over age 65 make up the majority of Medicare beneficiaries, younger people with disabilities can also qualify for Medicare benefits if they have been eligible to receive Social Security Disability Insurance (SSDI) benefits for at least two years. Even people who have not paid into the Social Security system could qualify for benefits on a parent’s work record in certain situations.

Medical Coverage Varies Depending on the Program

Medicare, which is run primarily by the federal government, offers three main types of coverage. Part A covers hospital visits and some follow-up care, Part B covers doctor visits and other outpatient care, and Part D provides prescription drug coverage. (Part C, also known as Medicare Advantage, is a managed care alternative to regular Medicare that is offered by private insurers working with the federal government.) Although Medicare covers a variety of treatments and physicians, it does not pay for long-term care in a skilled nursing facility other than for short rehabilitation stays, and it usually does not completely cover a beneficiary’s hospital or doctor costs. To make up for these shortfalls, many Medicare recipients purchase private Medigap insurance plans that provide coverage for services or costs that Medicare does not cover.

Medi-Cal is a joint program between the state and the federal government, and each state is given much wider latitude to pick and choose the programs it offers residents. While we refer to this program as Medi-Cal in California, it is called Medicaid in other states. Some Medicaid programs are very comprehensive and cover everything a patient could need, while other Medicaid programs, especially so-called Medicaid waiver programs, target specific demographic groups, like people with developmental disabilities. Medicaid is, however, the primary federal insurer for long-term care.

To Payback or Not to Payback

Because Medi-Cal is a means-tested program, a potential beneficiary with too many resources (assets) may have to place some of his funds into a special needs trust in order to obtain benefits. There are two main types of special needs trusts that hold a beneficiary’s own funds: first-party special needs trusts and pooled trusts. In both cases, when the trust beneficiary dies, the funds remaining in the trust must be used to pay back the government for services received from Medi-Cal.

Because Medicare is an insurance program, a beneficiary is not usually required to repay the government when she receives benefits. However, in some cases involving workers compensation and other claims, a Medicare or potential Medicare beneficiary must set up a Medicare set-aside trust that is designed to cover a portion of his future care.

Dual Eligibles

It is possible to qualify for both Medi-Cal and Medicare at the same time, and people who receive benefits from both programs are called dual eligibles. Unfortunately,Medi-Cal and Medicare were not designed to work together, and coordination is not always easy. In many cases, dual eligibles have their Medicare premiums paid by the Medi-Cal  program.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

 

SSI REPORTING REQUIREMENTS

To keep eligibility for Supplemental Security Income (SSI), there are some periodic reports that are required by the Social Security Administration. The recipient of the SSI benefit or their representative payee are required to make these reports. Failure to report can result in a penalty.

All of the items that are listed below are required to be reported within ten (10) days after the end of the month in which the event occurred:

Change of address;

Change of bank account;

Someone moves into or out of your household;

There is a change in the SSI recipient’s income or the income of a family member;

There is a change in the SSI recipient’s resources;

Someone help’s with the SSI recipient’s living expenses;

The SSI recipient enters or leaves an institution;

The SSI recipient gets married, divorced, or separated;

The SSI recipient changes his/her name;

The SSI recipient becomes a parent;

The SSI recipient leaves the United States;

The SSI recipient has an outstanding warrant for his/her arrest;

The SSI recipient is convicted of a crime;

The SSI recipient violates a condition of parole or probation;

The SSI recipient is a sponsored noncitizen;

The SSI recipient is between 18 and 22 and stops attending school;

The SSI recipient is not able to manage funds;

The SSI recipient dies;

The SSI recipient’s immigration status changes;

The SSI recipient’s disability or health gets better.

 

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

 

 

 

House Bill Would Allow Military Retirees to Name Special Needs Trusts As Beneficiaries of Survivor Benefit Plans

A bill recently introduced in the U.S. House of Representatives would finally allow military retirees to name special needs trusts as beneficiaries of Survivor Benefit Plans, a change that could dramatically improve the lives of military children with disabilities.

Under the current military retirement system, a retired member of the military can elect to fund a Survivor Benefit Plan (SBP) that will pay the retirees survivors a monthly payment to help make up for the loss of retirement income. When the retiree dies, the SBP will pay up to 55 percent of his pension to his wife or children. But if a child with special needs receives the pension payment, she could lose other important government benefits like Supplemental Security Income or Medicaid because the income from the pension is counted as the child’s for purposes of calculating her eligibility for those other government benefits. Unfortunately for the child, as the law stands now, SBP payments cannot be assigned to a special needs trust that would protect both the pension payment and the child’s other assistance.

Virginia congressman Jim Moran (D) introduced H.R. 4329, also known as the Disabled Military Child Protection Act of 2012, to protect children of deceased members of the military who might face a loss of other government benefits if they receive payments from an SBP. Under the proposed law, military retirees could name a special needs trust as the beneficiary of an SBP instead of naming a child directly or skipping her altogether. Rep. Moran explained that “[t]he health of our special needs military children should not suffer due to this loophole in the military retirement system. When health care costs for disabled kids can top $100,000 a year, the military needs to give parents the opportunity to plan for their special needs children’s future.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.