If an individual with a disability is receiving means-tested benefits and the person also receives disqualifying resources, a Special Needs Trust can preserve those program benefits for the individual. Often, an individual with a disability will receive resources through an inheritance, a personal injury claim, or a lump-sum back payment of Social Security benefits. Upon receiving such resources, the individual becomes ineligible for benefits. Usually, the resources that the individual receives are not nearly enough to pay for his or her supports and services—especially not for a lifetime. The Attorneys at Hayes & Wilson PLLC can help establish a First Party Special Needs Trust for the individual that will allow the individual to continue to be eligible for means-tested benefits.

The two main requirements for a First Party Special Needs Trust are that the individual must be under the age of sixty-five (65) and the Trust must provide for reimbursement to Medicaid upon the death of the beneficiary. We, the Attorneys of Hayes & Wilson PLLC, will not only ensure that the Trust has these particular provisions but will also include all of the necessary language required so that Social Security and Medicaid will not count the assets held in Trust as an available resource for purposes of Supplemental Security Income (SSI) or Medicaid qualification. Any funds distributed from the Trust will be evaluated under the income requirements of each program.

Frequently, an individual with a disability will receive disqualifying resources instantly and out of the blue. We can help the individual to quickly transfer the resources to a First Party Special Needs Trust so that there will be little or no disruption in benefits.

Contact us for a consultation.