Social Security Disability &

Special Needs Planning News from

Sheri R. Abrams, Attorney at Law,

Partner at Needham Mitnick & Pollack, PLC

In This Issue:

ABLE Act Becomes Law

Change to Social Security's Workers Compensation Offset

Suspect Social Security Fraud?

Please see our website at:

www.nmpattorneys.com

for more information.

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Issue: # 78

January 2015

Picture of Social Security Card and Dice

Welcome to our monthly newsletter.

These monthly newsletters are designed to provide useful information on Disability Law & Issues with a special emphasis on Social Security Disability & Supplemental Security Income (SSI) benefits and Special Needs Trusts & Planning.

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ABLE Act Becomes Law

On December 19, 2014, President Obama signed the Achieving Better Life Experiences (ABLE) Act into law.

The ABLE Act allows special savings accounts for people who have a disabling condition that began before age 26.

Similar to "529" college savings plans, income earned by ABLE accounts will not be taxed if the funds are used for authorized purposes. For ABLE accounts, these authorized purposes will have to be "disability-related" and while regulations have not yet been issued by the U.S. Treasury Department, they will likely include housing, transportation, education, job training, employment and personal care services, and medical expenses.

Perhaps most importantly to people with disabilities, the first $100,000 in an ABLE account will not count towards the resource cap for Supplemental Security Income (SSI) or Medicaid.

ABLE accounts therefore provide an opportunity for some individuals to accumulate funds and still maintain eligibility for important benefits. However, ABLE accounts (like Self-Funded Special Needs Trusts) do not guarantee that people with disabilities will be able to bequeath assets. The law allows state Medicaid programs to recoup expenses from unspent funds in ABLE accounts when the disabled person dies.

Although the ABLE Act is now law, individuals and

families who want to set up ABLE accounts will

have to wait. States must set up their own ABLE

account programs, and many will wait for guidance from the Treasury Department and the IRS before doing so.

It may take until late 2015 or 2016 for the first ABLE accounts to be opened.

Change to Social Security's Workers' Compensation Offset

workers comp The Social Security Administration (SSA) currently offsets Social Security Disability benefits for persons under age 65 who also receive certain amounts of Workers' Compensation benefits.

Under the change, the offset will now apply to those younger than "full retirement age (which varies based on when a person was born).

This change was made as part of the ABLE Act and will go into effective on December 19, 2015.

The ABLE Act includes several of these cost cutting measures meant to offset the law's estimated expenses.

Suspect Social Security Fraud?

Do you suspect someone of committing fraud, waste, or abuse against Social Security?

The Social Security Administration's Office of the Inspector General has set up a fraud hotline and website which takes reports of alleged fraud, waste, or abuse.

You can report suspected Social Security fraud by calling 1-800-269-0271 (TTY 1-866-501-2101) or by visiting:

http://oig.ssa.gov/r

Sheri Abrams' Book "Don't Gamble With Your Social Security Disability Benefits--What Every Virginia Resident Needs To Know To Win A Social Security Disability Case" Is Available

For more information please click here to see our Press Release.

Available for purchase at Amazon.com or you can download a free copy of the book at:

www.sheriabrams.com

http://www.nmpattorneys.com/news-announcements/

Now Available For Nook & Kindle

"Don't Gamble With Your Social Security Disability Benefits--What Every Virginia Resident Needs To Know To Win A Social Security Disability Case" is now available for the Nook here,

and the Kindle here.

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REFERRALS

If you know of someone who could use my legal services or any of the other members of the law firm of Needham Mitnick & Pollack, PLC, please forward to him/her this e-mail newsletter or give him/her our telephone number: (703) 536-7778.

We provide legal services in the areas of Social Security Disability Law, Elder Law, Wills and Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Student Loan Discharge, Veterans Benefits and Special Needs Trusts.

If you, or someone you know, is involved with an educational event or support group that would benefit from a presentation on any of the areas of law for which we provide legal services, please call us at (703) 536-7778.