Newsletter Revised Banner
September 2014 Issue
EXPENSES THAT SHOULD NOT BE PAID BY A SPECIAL NEEDS TRUST
DEAR LADIES OF NMP
ARTICLE REPRINT AUTHORIZATION
Expenses That Should Not Be Paid By A Special Needs Trust

 

Special Needs Trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medicaid and Supplemental Security Income (SSI).  If money from the trust is used for food or shelter costs on a regular basis, or used for costs that would otherwise have been paid by the program, or distributed directly to the beneficiary, the payments may affect eligibility for those government benefits, either by reducing the benefit or completely eliminating the program benefit.  One of the Trustee's most important jobs is to exercise the Trustee's discretion to make distributions from the Special Needs Trust that will not jeopardize the beneficiary's eligibility to receive the maximum benefits available unless the Trustee determines that the benefit of making the distribution outweighs the loss or reduction in the benefit that the beneficiary would otherwise receive. 

 

If the beneficiary receives SSI, here are some basic expenses that should not be paid by a Special Needs Trust without consultation with an experienced attorney.

  • Cash given directly to the beneficiary for any purpose
  • Food or groceries
  • Restaurant meals (except if given as an occasional gift)
  • Rent or mortgage payments
  • Property taxes
  • Homeowners or condo association dues
  • Homeowner's insurance if the insurance is a mortgage requirement
  • Utilities such as electricity, gas, and water
  • Utilities hookup or connection charges

For more information on Special Needs Trusts please click here

Divorce and Social Security Retirement Benefits

 

We have received many questions over the years regarding whether an individual is entitled to retirement benefits on an ex-spouse's Social Security record. The rules regarding this are complicated and confusing. 

The eligibility rules are as follows:

 

An unmarried-divorced spouse is entitled to benefits starting at age 62 if:

  • they had been married for at least 10 years and
  • either their ex-spouse is at least 62 years old (whether or not receiving retirement benefits) or is any age and receiving Social Security Disability benefits.

However, if the ex-spouse is 62 but not retired, then there is a two-year waiting period after the divorce unless the divorced spouse was entitled to benefits prior to the divorce.

 

In general, the amount of benefits that an unmarried-divorced spouse can receive varies based on the situation:

  • At age 62 the divorced spouse is entitled to between 321/2% and 35 5/6% of their ex-spouse's retirement benefit depending on the divorced spouse's full retirement age.
  • A divorced spouse at full retirement age is entitled to 50% of their ex-spouse's retirement benefit.
  • If the divorced spouse is receiving benefits on his/her own work record, this spouse would only receive the benefit amount from the ex-spouse if it is higher, not both.
In many cases, a remarried-divorced spouse cannot receive benefits based on the prior spouse's Social Security record.  
  

There are variations to these rules, so if you have specific questions regarding this issue, please call our office to set-up an appointment.

Dear Ladies of NMP
Ladies of NMP

 

My grandson has autism and I would like to take him and his parents on a get-a-way for his birthday.  Any  ideas?

 

Vacation options for families with disabled children are limited.  One possibility is working with "Autism on the Seas."   Several cruise lines have developed programs for adults and families living with children with Special Needs such as Autism, Asperger Syndrome, Cerebral Palsy, Down Syndrome and all Cognitive, Intellectual and Developmental Disabilities.  "Autism on the Seas" website  will not only provide you with information on cruise lines providing these services, but it also has a link to an interesting article from the University of South Florida on air travel with individuals with autism spectrum disorders.  For more information, please visit "Autism on the Seas" website at www.AutismontheSeas.com or call them at 1-800-516-5247.

 

 

 

Article Reprint Authorization

We invite you to reprint our articles to bring helpful information to your readers, with the following guidelines:  

  • The content is to be printed in its entirety;
  • Additions, deletions or changes in the text, title or illustrations may not be made;
  • Credit is given to Needham Mitnick & Pollack, PLC as the original source.

Example:  

 

Source: Reprinted from the Needham Mitnick & Pollack, PLC
September 2014 Newsletter (www.nmpattorneys.com).

 


NMP Address

This newsletter is not intended to provide legal advice or to be a substitute for legal advice.  Anyone with specific legal questions should consult a legal advisor of their own choosing. 

IRS Circular 230 Disclosure: To ensure compliance with applicable requirements, please remember that any U.S. federal tax advice contained in this communication (including the attachments) is not intended or written to be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or tax-related matter[s].

Copyright 2014 Needham Mitnick & Pollack, PLC. All Rights Reserved.

We hope you wish to continue to receive our newsletter.  However, if you do not, please feel free to unsubscribe at the bottom of this newsletter.  You can indicate if you wish to unsubscribe to both our NMP Newsletter and Sheri Abrams' Newsletter, or update your profile to receive just one of them. 

Announcements
WELLNESS & RECOVERY

On Friday October 17, 2014, Sheri Abrams and Judy Mitnick will be participating in the conference "Together on the Pathway to Wellness: The Good Life - A Vision for Recovery."

 

This day-long conference will take place from 8:30 a.m. to 4 p.m.  at the Ernst Community Cultural Center, Northern Virginia Community College-Annandale Campus, 8333 Little River Turnpike, Annandale, VA 22003

 

This conference is designed for persons with mental health issues and/or substance abuse disorders, and family members, professionals and others with interest in the topic of wellness and recovery.
 

Learn more about the conference and register online here

   

AN EVENING UNDER THE STARS
 

NMP is pleased to be a sponsor of The Arc of Northern Virginia's 2014 "An Evening Under the Stars" Gala on October 18 at the Hilton McLean at Tysons Corner.  The Arc provides services and programs for children and adults with intellectual and develop-mental disabilities throughout Northern Virginia.  For more information, click here.


  
PAINTINGS & PAIRINGS

NMP is also pleased to be a sponsor of the Painting & Pairings event supporting the Insight Memory Care Center (formerly Alzheimer's Family Day Center) on October 23 from 6-9 p.m. at the Stacy Sherwood Center, 3740 Old Lee Highway in Fairfax.  For more information, click here.




CIRCLE OF SUPPORT

NMP will be attending the Circle of Support event of The Arc of Greater Prince William on November 8 at Hylton High School in Woodbridge from 8-3:30 p.m.  Please stop by and visit us at our table.  The conference is for families of children with special needs and the professionals who work with them.  For more information, click here.


 


Speaker or Exhibitor Request


For More Information
 
Please see our website at:
BLOG
  
Please Visit Our Blog at:
Follow Us

Find us on Facebook
 
View our profile on LinkedIn

Follow us on Twitter


Join Our Mailing List