The United State Circuit Court of Appeals for the Eight Circuit ruled today in Center v. Olson that persons age 65 and over cannot place funds in a pooled trust without serving a penalty first. This decision aligns Medicaid eligibility to the position that the Social Security Administration has taken with regard to maintaining SSI eligibility from the very first rules that come out in 1999.
To read the decision click HERE.
Although the decision will impact elders seeking to transfer costs of nursing homes to state Medicaid agencies, it does not prevent disabled persons under age 65 from retaining SSI Disability and SSI-related Medicaid. SSI payments switch automatically from “disabled” to “elderly” when the disabled individual has his or her 65th birthday. Assets deposited into an individual or pooled Special Needs Trust prior to age 65 continue to be exempt and will not prevent SSI and SSI-related Medicaid eligibility.
We remain available to attorneys and individuals seeking assistance in attaining SSI and Medicaid eligibility and understanding how this decision may or may not affect them. David@LillesandLaw.com (727) 330-7895.