Make Sure Your Estate Plan Doesn’t Put Your Child at Risk

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Most parents of children with special needs are well versed when it comes to the government benefits like Medicaid or Supplemental Security Income (SSI) that their child receives. Most know not to give the child any money outright and to establish a standalone supplemental needs trust to protect their child’s assets, and they usually know all of the ins and outs of the SSI and Medicaid application processes. What many parents don’t often think about is the effect that their own estate plan can have on their child’s benefits.

The first thing for parents to keep in mind is that they must, without a doubt, have an estate plan. Parents who are often so good about getting their child’s plan in order can balk at creating their own estate plan for a variety of reasons. But by failing to put together your own plan, you are placing your child’s benefits at risk. If you pass away without a valid will (known as dying intestate), your assets will be distributed according to state law. These laws will often leave a sizable portion of your estate to your children. In the case of a child with special needs, receipt of these funds could eliminate benefits that the child relies on. Therefore, it is essential that you prepare an estate plan that will take into account your child’s unique circumstances.

The next thing to remember when assembling your estate plan is that, except in very limited circumstances, you should not leave anything directly to your child with special needs. Instead, your estate should flow through your own will into a special needs trust for your child’s benefit. A properly drafted special needs trust will protect your child’s benefits and allow your estate to be utilized as you intended without interference from outside sources. You will also have the opportunity to choose a guardian for your child in your will, another important decision that you should not leave up to chance or state law.

Sometimes parents will leave their entire estate to their children without special needs in the hope that those children will take care of their sibling with special needs. You should avoid the temptation to do this. While your motives and trust in your children are well placed, this arrangement often leads to bitter family disputes and should be avoided if at all possible. Typically, the better option will be a separate trust that can hold your child with special needs’ share of your estate and free up the shares for your other children to be spent as they see fit.

Another potential problem area is when parents name their children as beneficiaries of life insurance policies and retirement plans. These assets, which are not governed by the terms of your will, could easily pass to all of your children in equal shares if you are not careful about naming plan beneficiaries (this is a very common problem when your child develops a special need later in life, after you have had these policies in place for years). As you did in your will, you can place your child’s share of these important assets into a properly configured special needs trust. However, some complicated tax issues may have to be addressed first.

Finally, your estate plan may not be the only issue. Make sure to check with any relatives who may be leaving something for your children and make sure that they also speak with a qualified attorney before including your child with special needs in their estate plan.

If you don’t have an estate plan at all or are worried that your current plan is not appropriate, please call our office at (508) 421-4610 to schedule a complimentary consultation.

Filed Under: Social Security Disability, Special Needs Trust, SSDI, SSI, Uncategorized

How to Earn Additional Income Without Losing SSI Benefits

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Although Supplemental Security Income (SSI) recipients are subject to rigid asset limits, the federal government has provided a few avenues for beneficiaries to earn income that supplements their SSI benefit.

The Social Security Act imposes a $2,000 asset limit on SSI beneficiaries, a figure that has remained frozen since 1989. For couples, the limit is $3,000.  For 2018, the maximum monthly SSI benefit is $750, although many states provide a further supplement.

However, the Social Security Administration (SSA) will not necessarily reduce the SSI benefit based on additional income. For each dollar earned above the monthly maximum amount, the SSA reduces the person’s monthly benefit by $0.50.  However, the SSA excludes a person’s first $85 in monthly earned income. Furthermore, SSI beneficiaries under age 22 or enrolled in school or a vocational training program can earn up to $1,790 in monthly income (up to $7,200 annually) without jeopardizing their SSI benefit or eligibility.

For other SSI beneficiaries looking to enter the workforce or return to work, the Plan for Achieving Self-Support (PASS) program may be an option for covering costs associated with job training or starting a business. Candidates for the program must submit applications to the SSA that detail their work goals, specify requested items and services and provide cost estimates, among other requirements.

If the SSA terminates a person’s benefits due to excessive earnings, an expedited recertification option exists for people who reapply within five years.

Another option for SSI recipients is the Ticket to Work program. The purpose of this program, which is available to both SSI and Social Security Disability Insurance (SSDI) recipients, is to provide a trial work period for beneficiaries without losing benefits.

Under this program, SSI beneficiaries can make more than $840 a month for nine months before their benefits are cut off. The nine months can either be consecutive or spread over a five-year period.

Assuming earnings continue after the trial period, benefits are cut off. But if a person’s earnings fall below this amount during the three years succeeding the trial period, benefits can be immediately restored.

For more information, click here to read the SSA’s pamphlet “Working While Disabled: How We Can Help.”

Filed Under: SSI, Supplemental Security Income

Three Big Differences Between SSI and SSDI

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Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) are both federal programs that provide cash payments to people who meet the federal definition of “disabled.”  But the similarities between the two programs end there.  Here are the three main differences between them.

SSI Is a Means-Tested Program, SSDI Is an Entitlement Program

Although both SSI and SSDI are administered by the Social Security Administration, the two programs have vastly different financial requirements.  SSI is designed to meet the basic needs of elderly, blind and disabled individuals who would otherwise have a hard time paying for food and shelter.  Because SSI is narrowly tailored for this particular set of people, it has a very strict set of financial requirements, making it what is known as a “means-tested” benefit.

SSDI, by contrast, is an entitlement program that is typically available to any person who has paid into the Social Security system for at least ten years, regardless of his current income and assets.  (Younger beneficiaries and disabled adult children of retired or deceased workers may have to meet different requirements.)  In theory, all qualified workers are potential SSDI recipients, even high-income earners.

SSI Beneficiaries Typically Receive Medicaid, SSDI Provides Access to Medicare

In most cases, a person who receives SSI immediately qualifies for Medicaid benefits.  Because Medicaid is a joint state and federal health care program that typically provides very comprehensive coverage for its beneficiaries, many people may apply for SSI primarily because of the health care that comes with it.

On the other hand, SSDI beneficiaries are eligible to receive Medicare two years after they are deemed eligible for SSDI benefits.  Medicare is a federal health insurance program that covers routine hospital services and most but not all primary medical care.  Medicare is not as comprehensive as Medicaid, and many Medicare beneficiaries purchase what are known as private “Medigap” policies to fill in the holes in their primary Medicare coverage.

The Financial Benefits Can Be Very Different

Finally, SSI and SSDI benefits vary widely when it comes to the amount of money provided.  In 2018, the federal SSI payment standard will be $750 per month for an individual (with most states adding a small supplementary payment), while the average SSDI payment for 2017 is $1,171 a month.  Since SSDI is based on the beneficiary’s earnings record, some SSDI recipients can receive much more than this.  In addition, SSI benefits are reduced by any other income received by an SSI beneficiary, so many SSI recipients will receive less than the $750 payment standard.  In most cases, if a person receives an SSDI benefit that is higher than the maximum SSI payment, she won’t be eligible for SSI at all.

Filed Under: Social Security Disability Legislation, SSI, Supplemental Security Income