Question: What Is a “Medicare Set-Aside” and When Do You Need One? Answer: If you are injured because of someone else’s negligence, you may have to resort to a personal injury lawsuit in order to obtain payment for the medical care you will need in the future and to compensate you for your pain and…
Question: I currently receive federal disability benefits and Medicaid. Can I own my own car? Answer: Yes. If you receive Social Security Disability Insurance (SSDI), there is no limit to how many cars you can own. If you receive Medicaid or Supplemental Security Income (SSI), you are allowed to own one car. We have a…
Question: I needed to have surgery while I was negotiating the establishment of a Medicare Set-Aside to hold funds from a workers’ compensation claim. Now both workers’ comp and Medicare are refusing to pay for the bill. Who pays? Answer: From the facts stated, it appears that Medicare is probably responsible for this claim, but…
Question: When I first received Social Security Disability Insurance (SSDI) in 2009, I missed receiving Supplemental Security Income (SSI) by two dollars. Am I eligible to receive both now? Answer: In general the Social Security Administration (SSA) will let you know each year by letter which programs you qualify for. With such a close amount,…
Question: Can you prepare a will and special needs trust online without a lawyer? Answer: It is theoretically possible to draft a will and special needs trust without a lawyer, but this is not a good idea because it could compromise your loved one’s ability to access critical government benefits, possibly forever. If you have…
Question: What expenses can’t a special needs trust pay for? Answer: Special needs trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medicaid and Supplemental Security Income (SSI). Special needs trusts pay for comforts and luxuries — “special needs” — that could not be paid for by…
Question: What is the difference between Medicaid and Medicare? Answer: People with special needs may qualify for a variety of government benefits, including Medicaid and Medicare. It can be difficult to tell the two programs apart, especially because their names are so similar. However, Medicaid and Medicare, which account for the lion’s share of federal…
Question: How can I leave money to a child with special needs? Answer: In almost all cases where a parent will leave funds at death to a child with special needs, this should be done in the form of a trust. Trusts set up for the care of a child with special needs generally are…
Question: How can I protect a special needs trust from those who prey on vulnerable beneficiaries? Answer: An inheritance from parents who fund their child’s special needs trust by will rather than by revocable living trust is in the public record. Predators are particularly attracted to vulnerable beneficiaries, such as the young and those with…
Question: With a special needs trust that requires Medicaid to be paid back following the beneficiary’s death, what is the statute of limitations for that repayment? If Medicaid has not asked to be paid back, when can the proceeds be distributed? Answer: There is no statute of limitations. Under the terms of the trust, after…
