Social Security Disability &

Special Needs Planning News from

Sheri R. Abrams, Attorney at Law,

Partner at Needham Mitnick & Pollack, PLC

In This Issue:

Social Security Changes the Way it Reviews Special Needs Trusts

Social Security Stops Collecting Some Overpayments Over 10 Years Old

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www.nmpattorneys.com

for more information.

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On Saturday June 28th from 3:00 pm to 4:00 pm, Judy Mitnick will be speaking at the Insight Memory Care Center (formerly the Alzheimer's Family Day Center), as part of their Caregiver's Boot Camp for caregivers of people with dementia.

Insight Memory Care Center is located at 2812 Old Lee Highway, Suite 210, Fairfax, VA 22031.

For more information about the Caregiver's Boot Camp please call 703-204-4664.

For the last 7 years Judy has been proud to serve on the Board of Directors for the Insight Memory Care Center.

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Issue: # 70

May 2014

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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Social Security Changes the Way it Reviews Special Needs Trusts

The Social Security Administration (SSA) has issued Emergency Message 14026A which provides new instructions for how SSA reviews Special Needs Trusts.

Under this new policy Social Security has established a new Regional Trust Reviewer Team which must review all resource determinations for trusts presented for initial Supplemental Security Income (SSI) claims.

Social Security has also issued a new Trust Training Fact Guide to assist the Review Team in its understanding of how to evaluate a trust document. The Review Team must use this guide to determine whether or not the assets in a trust are countable when determining eligibility for SSI benefits.

All Special Needs Trusts will now be reviewed in this manner. Including:

First Party Special Needs Trusts -- which contain the assets of an SSI beneficiary; and

Third Party Special Needs Trusts -- which contain the assets of a third party such as a parent or other relative of the SSI beneficiary.

Social Security's goal with this new policy is to improve the accuracy and consistency of SSI trust resource determinations.

Emergency Message 14026 can be viewed and the SSA Trust Training Fact Guide can be downloaded here.

Social Security Stops Collecting Some Overpayments Over 10 Years Old

Unfortunately, there is no Statute of Limitations on Social Security Disability & Supplemental Security Income (SSI) overpayment collection. If Social Security believes it overpaid a recipient of benefits it will normally try to collect the amount owed forever.

However, the Social Security Administration is suspending a program in which thousands of people were having their tax refunds seized to recoup Social Security Disability & SSI overpayments that happened more than 10 years ago.

Acting Social Security Commissioner Carolyn W. Colvin has directed an immediate halt to the program while the agency does a complete review.

Social Security recipients and members of Congress complained that people were being forced to repay Social Security Disability & SSI overpayments that were paid to their parents or guardians when they were children.

This program was authorized by a 2008 change in the law that allows Social Security and other federal agencies to use a Treasury program to seize federal payments to recoup debts that are more than 10 years old. Previously, there was a 10-year limit on using this program.

If you or someone you know received Social Security Disability or SSI benefits and feel that they have been incorrectly assessed with an overpayment under this program, they should contact Social Security immediately.

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

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

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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.