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Question: What Happens If I Can No Longer Serve as Trustee Of My Child’s Special Needs Trust? Thanks to medical advancements and improvements, the life expectancy for individuals with special needs is longer than ever. While these advancements are wonderful for people with disabilities, it also presents a concern for parents who may be afraid that they will not be able to properly oversee their child’s care as they grow old or experience healthcare challenges…
When Should You Hire a Disability Lawyer? If you have filed a claim for disability benefits through your employer-provided disability insurance policy and received a denial letter, you should contact a long-term disability attorney for a denial letter review. Unlike the social security administration, long-term disability insurance companies are not impartial and fall under ERISA law. The first sign your disability insurance company is about to deny your claim is when they start asking specific…
Rideshare services like Uber and Lyft are quickly becoming a part of daily living in communities all over America.  In areas where public transportation is limited or inaccessible, ridesharing is filling in the gaps. These services also have the potential to make life easier for people with disabilities who are unable to drive. Uber As one of the two most popular ridesharing services, Uber has acknowledged the importance of providing transportation options for those with…
When I meet with parents to start the process of creating a special needs plan for their child with disabilities, I almost always advise against leaving any type of inheritance outright to the child when mom or dad passes away. This can come as a shock to parents, who may strongly believe that leaving their child a large life insurance policy or cash benefit, for example, would be more helpful in the long run than…
How do transfers of resources affect eligibility for SSI benefits? If a person applying for Supplemental Security (SSI) benefits gives away property or sells property for less than fair market value, there is a presumption that the transfer was made for the purpose of making the person eligible for SSI benefits. If the transfer of property was not for SSI eligibility purposes, the claimant would need to provide evidence to Social Security to show why…
The amount of money individuals and married couples get through the Supplemental Security Income (SSI) program is pretty low. That is why many people wonder if they can get their monthly payouts increased.  If you are getting the maximum amount in benefits, then the simple answer is “no.”  This amount is a fixed number and there is no way to appeal to the Social Security Administration (SSA) for an increase. SSI Maximum Amount The maximum…
Educate Yourself! Sheri R. Abrams, Virginia Special Needs Planning Attorney, will be joining Tia Marsili, Directorof Trusts from The Arc of Northern Virginia, in an informative presentation for families whohave members with special needs and community members. This session will provide anoverview of ABLE Accounts in Virginia and when this type of account may be appropriate, aswell as an overview of three different types of Special Needs Trusts. Included will be thesimilarities and differences among…
Many parents worry about how they will fund a lifetime of care for their child with special needs. This is especially concerning if the parents are fearful that there will not be enough money left for housing, caregivers and basic life necessities when mom or dad pass away. When I meet with parents of children and adults with disabilities,, one of the first legal tools that we discuss is a Third-Party Special Needs Trust.  A…
Authorities across the nation are warning senior citizens and Social Security Disability recipients about a new twist on an old Social Security scam that is defrauding unsuspecting people out of thousands, if not hundreds of thousands of dollars that are ultimately unable to be refunded or recovered. Scammers are once again posing as government employees and contacting Social Security recipients by phone. They proceed to tell the senior or disability benefit recipient that their social…
The weeks and months following a child’s autism diagnosis can be frightening and challenging for parents.  You may be worried about what the future holds and what to expect as you work to adapt to a “new normal” in your home. While doctors and teachers will generally help parents start the ball rolling with Occupational Therapy, Physical Therapy, Speech Therapy, and psychological support, very little attention is given to the legal and financial steps that…