Special needs trusts 101
Every personal injury attorney must learn the basics of special needs trusts, so that money a client receives from an award or settlement doesn’t jeopardize public benefits he or she receives for...
View ArticleAttorneys confounded by ‘pooled trust’ controversy
Last year, some regional offices of the Centers for Medicare & Medicaid Services issued letters stating that transfers into "pooled trusts" would require the imposition of a penalty period for...
View ArticleTrust income may affect Medicaid benefits
Income from a special needs trust may be used to determine the extent of Medicaid benefits a disabled man can obtain for institutionalized care, the 2nd Circuit has ruled in affirming judgment. The...
View ArticleTrust counts towards child’s Medicaid eligibility
A special needs trust created for a severely injured teenager counted as a resource for the purpose of finding him ineligible for Medicaid benefits, the 10th Circuit has ruled in affirming judgment....
View ArticleMedicaid preempts Pa. special needs trust rules
Federal law generally preempts the provisions of a state law designed to prevent the abusive manipulation of special needs trusts to ensure Medicaid eligibility, the 3rd Circuit has ruled in affirming...
View ArticleERISA plan could sue special needs trust
An ERISA plan could sue a special needs trust in order to obtain reimbursement for medical costs borne on behalf of a plan beneficiary injured in an automobile accident, the en banc 5th U.S. Circuit...
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