by Thomas D. Begley, Jr., CELA<\/p>\n
Availability.<\/em><\/strong> Assets in a Self-Settled Special Needs Trust (\u201cSSSNT\u201d) are not considered available for Supplemental Security Income (\u201cSSI\u201d) or Medicaid eligibility purposes. The reason is that the trustee is given sole discretion with respect to distributions from the trust. The beneficiary cannot control distribution or revoke the trust. Special needs language should be included for guidance to the trustee with respect to distributions.<\/p>\n Transfer of asset penalty.<\/em><\/strong> There is no transfer of asset penalty for SSI and Medicaid, because there is a statutory exemption under 42 U.S.C. \u00a7\u20091392b and 42 U.S.C. \u00a7\u20091396p(d)(4)(A).<\/p>\n Payback.<\/em><\/strong> A payback to Medicaid is required by law. The payback is for all Medicaid benefits received by the beneficiary since birth. It is not sufficient to pay back Medicaid benefits received from the date of the establishment of the trust to date. In the case of a personal injury settlement, the Medicaid payback is not (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Thomas D. Begley, Jr., CELA Availability. Assets in a Self-Settled Special Needs Trust (\u201cSSSNT\u201d) are not considered available for Supplemental Security Income (\u201cSSI\u201d) or Medicaid eligibility purposes. The reason is that the trustee is given sole discretion with respect…<\/span><\/p>\n