Preserving Medicaid Eligibility
Atlanta Area Special Needs Planning Attorney
Certain government programs such as Medicaid and SSI have caps on the recipient's income and assets. A special needs trust or other forms of special needs planning can set money aside for a disabled family member without sacrificing eligibility for those government benefits.
The law firm of Rogers, Hofrichter & Karrh, LLC offers knowledgeable and experienced counsel in the creation of special needs trusts for clients in the Metro Atlanta area and throughout Georgia. Attorney Greg Rogers, a founding partner of the firm, has 20 years of experience in disability law, and is a member of the Academy of Special Needs Planners. He routinely assists disabled adults and parents of disabled children (minor or adult) in establishing this important protection.
We invite you to arrange a free consultation to discuss preserving eligibility for Medicaid and Supplemental Security Income (SSI).
About Special Needs Trusts
The main use of a special needs trust is to preserve a disabled beneficiary's family inheritance or the proceeds of a personal injury lawsuit settlement. A trust holds those assets outside of the disabled person's estate. This is critical to qualifying for free medical coverage under Medicaid, which has a threshold of less than $3,000 in personal assets or income.
The special needs trust cannot be used to pay for medical care, nursing home care, housing, groceries or clothing. The funds can be used for supplemental expenses beyond that basic care, including special medical equipment, special services, travel expenses, recreation and modest spending money.
Mr. Rogers handles two types of special needs trusts:
- The parents can fund a trust for a dependent child who is disabled or for an adult disabled child. This provides for those extra expenses while preserving both inheritance and Medicaid eligibility if the parents should die.
- A disabled individual can establish a self-settled trust if permanently disabled from a personal injury accident. This protects the proceeds of any settlement or jury award, which would otherwise make the person ineligible for Medicaid and SSI (Social Security disability). A third party trustee must be appointed to approve expenditures from the trust.
Our lawyers handle disability claims under Social Security disability or SSI (Supplemental Security Income), workers' compensation or an ERISA long-term disability policy. As an outgrowth of that practice, attorney Greg Rogers has the extensive knowledge of special needs trusts to protect the interests of disabled individuals.
Contact our Atlanta law office today at 877-572-3949 to schedule your free initial consultation.
The Academy of Special Needs Planners provides additional information for parents and disabled individuals about special needs trusts.