SSA Clarifies Its Position on Court Established (d)(4)(A) Trusts

By Fredrick P. Niemann, A New Jersey Special Needs Trust Attorney After much criticism, the SSA has issued an Administrative Message clarifying its policy regarding (d)(4)(A) Special Needs Trusts created by court order. Recently, some SSA offices have been refusing to approve court-established (d)(4)(A) trusts because they were not created by a court “order.” The […]

SPECIAL NEEDS TRUSTS UPHELD IN RECENT FEDERAL CASE

By Fredrick P. Niemann, Esq. a Special Needs Trust Attorney Recently, a United States Court of Appeals decided a case involving a “special needs trusts.”  A special needs trust is one of two trusts that the federal Medicaid Act created.  A special needs trust or “SNT” is a trust that permits a disabled person to […]

Using a Special Needs Trust to Protect A Personal Injury Settlement and Public Benefits

By Fredrick P. Niemann, Esq., NJ Special Needs Trust Lawyer Personal injury attorneys and their clients should avoid receiving payment from a defendant or the defendant’s insurer into the attorney’s trust account for any funds that are intended to be placed into a special needs trust.  Payment of funds to the plaintiff’s personal injury attorney […]

Distribution from Self-Settled Special Needs Trusts Relating to Medical Expenses

Fredrick P. Niemann, Esq., a NJ Special Needs Trust Attorney One of the most pressing needs for disabled beneficiaries is medical care. Medical Insurance It is crucial that the disabled beneficiary obtain some form of medical insurance. Options include the following: Private Medical Insurance. Typically, the only source of private medical insurance at regular rates […]

When Not to Use a Special Needs Trust

By Fredrick P. Niemann, Esq., NJ Special Needs Trust Attorney Self-Settled Special Needs Trusts are often use when a person with disabilities receives a personal injury settlement, an inheritance, equitable distribution, alimony or child support.  However, in many instances a Self-Settled Special Needs Trust is not appropriate.  A disability lawyer must make an analysis on […]

Help for Persons with Disabilities in Monmouth County, NJ

Fredrick P. Niemann, Esq., a Special Needs Trust Attorney The Monmouth County Office on Disabilities, as part of the Division on Aging. Disabilities, and Veterans’ Interment Affairs, is the leading agency in Monmouth County providing information, assistance, and referrals to all people with disabilities. The Office on Disabilities utilizes vast public and private resources available […]

Parents push for autism insurance changes

Massive move to change state insurance law In Washington state, Reza and Arzu Forough pay more than $1,000 a week for behavior therapy for their 12-year-old autistic son.  In Indiana, Sean and Michele Trivedi get the same type of therapy for their 11-year-old daughter. But they pay $3,000 a year and their health insurance covers […]

Special Needs Trust: A Tool to Protect Your Disabled Child, Grandchild or Family Member: Simplifying the Maze

By Fredrick P. Niemann, Esq., NJ Special Needs Trust Attorney Introduction: Special Needs Trusts can themselves be complicated and confusing. The rules governing their creation and administration, and the effect on public benefits eligibility of specific trust payments, can be even more complicated. Let us try to simplify some of the rules, particularly those governing […]