Special Needs Settlement Planning

Special Needs Settlement Planning

Assistance with Special Needs Settlement Planning

With a focus on the effect a particular settlement has on public benefit eligibility for disabled individuals, we represent individuals and assist attorneys to ensure that the settlement enhances the individual's life and does not jeopardize any public benefit for which the individual is eligible.  We work in the following areas:

•    Divorce:  We serve as neutral advisors so that property settlements and maintenance awards do not adversely affect public benefits.

•    Child support:  When a couple divorcing has a disabled child, issues of child support, ongoing custody, and support past the age of minority must be addressed.  Decisions made in this process will affect a child's benefits into adulthood.

•    Personal Injury or Medical Malpractice settlement:  We assist personal injury or medical malpractice attorneys to determine whether or not a special needs or pooled trust is necessary to protect the settlement and the injured person's government benefits.  We also work with Medicare Set-aside Trusts.

•    Inheritance:  If a person receives Medical Assistance or SSI and inherits money, that person's MA and SSI will be stopped unless steps are taken to protect the benefits – and the inheritance.  We work with parents to draft estate plans to ensure that their child's benefits are not disrupted upon receipt of the inheritance, and we assist probate and estate planning attorneys who have heirs/devisees/beneficiaries on public benefits.

•    Workers compensation:  We assist workers compensation attorneys to determine whether or not a special needs or pooled trust is necessary to protect the settlement and the injured person's government benefits.  We also work with Medicare Set-aside Trusts.

We complement the attorney's expertise to determine how the settlement should be structured so as to maximize the benefit the disabled person will get from the settlement throughout his or her life by: 

    (1)      assessing and coordinating the ongoing needs of the disabled client both during and after settlement;

    (2)      advising about and protecting the disabled client's settlement to minimize liens or claims and maximize government benefits; and

    (3)     providing ongoing service referrals for the disabled client.