A special needs trust is set up to provide money for the care and support of the beneficiary with special needs. A trustee is then named or appointed to manage the trust's assets and act in the best interests of the beneficiary. The duty a trustee owes to a beneficiary is a fiduciary duty which i...
The American Rescue Plan, signed into law by President Biden on March 11, 2021, makes health coverage bought through the Affordable Care Act (ACA) vastly more affordable for millions of Americans, at least for two years, and also assists those who need temporary coverage after losing their jobs. ...
When the Social Security Administration (SSA) approves applicants for Social Security Disability Insurance (SSDI) benefits, it imposes a five-month waiting period between the onset of the applicant's disability and when they can begin receiving benefits. Now, thanks to legislation enacted at the ...
About 10 percent of children in foster care are entitled to Social Security payments, either through a physical or mental disability, or because their parents have died — but states are taking the money instead. Even though the payments belong to the children under federal law, at least 36 states...
Parents or other family members establishing a special needs trust for their child often want to name a professional — usually a bank, trust company, attorney, certified public accountant or non-profit — as one of the trustees of the trust in order to take advantage of that individual's experienc...
How do cities stack up for people with disabilities seeking the best place to live? Which provide the most accessible sidewalks, transportation, entertainment, and parks? Which score high for low-cost housing, jobs, public hospitals, affordable home attendants, or a plentiful supply of doctors, t...
A bipartisan bill has been introduced in the House of Representatives that fixes a flaw in earlier legislation and would finally allow all veterans to allocate pension payments to their survivors with special needs without fear that the payments will jeopardize the survivor's receipt of other gov...
The Biden administration has announced relief for hundreds of thousands of people with disabilities who had their federal student loan debt reinstated because they failed to submit the proper paperwork during the COVID-19 pandemic. However, advocates are urging the administration make another ch...
Remember how satisfying it was setting up a trust for your child with special needs? You named a trustee and a successor trustee, signed the paperwork, and paid the legal bills, and then you rested easy at night knowing you had put a plan in place for your child. Done! Well, not exactly. Because ...
Retirement plans often make up a significant portion of the assets of parents of children with special needs, or of individuals who have become disabled as adults. In such cases, the question arises as to whether the retirement plan can be put into a special needs trust. The answer, as with many...
At the start of the Covid-19 pandemic, the Social Security Administration (SSA) closed all 1,200 of its field offices to in-person appointments, as well as suspended numerous other services. One distressing result is that the number of new Supplemental Security Income (SSI) recipients hit its low...
In stark contrast to previous Covid-19 relief bills, the $1.9 trillion American Rescue Plan, signed into law by President Biden on March 11, 2021, contains numerous provisions specifically aimed at supporting people with disabilities, especially those living at home with their parents or in need ...
President Biden has signed the $1.9 trillion American Rescue Plan into law. Among its benefits are $1,400 checks that are already landing in the bank accounts or mailboxes of most Americans to help them weather the economic downturn caused by the pandemic. Recipients with disabilities who rely ...
The Internal Revenue Service (IRS) has released final regulations covering tax-free savings accounts that allow people with disabilities and their families to save and pay for disability-related expenses without jeopardizing eligibility for Medicaid, Supplemental Security Income (SSI) and other ...
Social Security disability recipients will see an increase in benefit levels for 2021, although the rise will be the smallest in years due to the economic downturn caused by the COVID-19 pandemic. On October 13, the Social Security Administration (SSA) announced that Social Security benefit le...
The U.S. Census, conducted once every 10 years, determines how more than $1.5 trillion in federal resources is allocated annually, including many programs such as Medicaid, special education funds, housing vouchers, and food and employment assistance vital to people with disabilities...
By their very nature, special needs trusts (SNTs) are usually designed to terminate, or at least radically change, when the trust's primary beneficiary dies. But terminating a special needs trust is not as simple as merely writing a check to the remainder beneficiaries and calling it a day. There...
In response to a trio of federal court decisions, the federal Department of Education (DOE) has rescinded regulations that attempted to shift additional stimulus funds to private schools, which would have shortchanged students with disabilities, advocates contended. The Coronavirus Aid, Relief a...
The COVID-19 pandemic made mail-in-ballots the preferred voting option in the vast majority of states during the 2020 primaries, and it is likely to be the same in the November 3 general election. However, in their current form, most mail-in voting systems are not accessible to the blind and othe...
Those who apply for disability benefits and are initially rejected can appeal, and more times than not they end up winning their case. But a new Government Accountability Office (GAO) report reveals that due to the years-long backlog of appeals, thousands of applicants for Social Security Disabi...
More than three dozen disability rights groups are urging Congress to end two burdensome waiting periods that Social Security Disability Insurance (SSDI) recipients must currently endure. The groups sent a letter to both the Democratic and Republican party leaderships in June urging passage of p...
A new executive order from President Trump that would cut half of Social Security's funding threatens the program's financial foundation, disability advocates are warning. The Social Security program, including Social Security Disability Insurance benefits, is funded by two “payroll” taxes: a 6.2...
Many low- and middle-income families that do not typically file tax returns may have missed out on additional economic stimulus payments that they were eligible for by virtue of having children in the household. Because of this, the Internal Revenue Service (IRS) announced August 14 that it is t...
Among the challenges of raising a child with special needs is figuring out how to provide for that child once you're gone. If the child will never be able to earn a living, how can you determine how much of your own money to set aside for her care and support, and for the rest of her life? One wa...
The Trump administration has, for the second time, delayed compliance with new regulations designed to ensure the independence of people receiving services through Medicaid-funded Home and Community Based Services (HCBS) waivers. HCBS waivers are Medicaid's primary program for ensuring that peopl...
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