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A supplemental needs trust is an important tool that can be used to make sure a child with special needs has access to the services and care he or she requires. Establishing a supplemental needs trust as a part of an overall financial plan is one step in providing a solid base of lifetime support. Once a child turns 18, his or her income will be used to determine eligibility for public benefits such as Medicaid and Supplemental Security Income (SSI). Earning too much will lead to the loss of these important benefits. However, funds paid into a supplemental needs trust will not be counted as income and, therefore, will allow an individual with special needs to retain public benefits.

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By Stacy Sadove, Esq., and Arshi Pal, Graduate Law Clerk On January 18, 2017, the Social Security Administration (“SSA”) revised their Regulations with regard to the evidentiary standard Administrative Law Judges (“ALJ”) use to determine eligibility for disability benefits. The new Regulations became effective on March 27, 2017. Five Step Review Process The revised Regulations maintain a five-step analysis for the appeals process, in determining whether an individual is eligible …

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SSI and SSDI Claims

By Stacy M. Sadove, Esq. The Social Security Administration (“SSA”) put forth a listing of disabling conditions that are considered severe enough to qualify an individual for a medical determination of disability for purposes of social security disability benefits (either Social Security Income “SSI” or Social Security Disability Income “SSDI”).  These conditions interfere with an individual’s ability to achieve substantial gainful employment. In order to determine if a condition meets …

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