Tighter Work Requirements for Food Stamps Could Hurt the Elderly & People with Disabilities
New federal regulations set to take effect April 1, 2020, may make it significantly harder for many with disabilities to obtain food stamps. The new rules, finalized by the U.S. Department of Agriculture (USDA), center on the work requirements for recipients of the...
Students on SSI May Be Able to Earn Extra Income Without a Benefit Reduction
Written By: Andy Jones Supplemental Security ncome (SSI) recipients are typically subject to strict income limits, but recipients under age 22 who are students may be able to earn significantly more without jeopardizing their benefits. It’s part of the Social Security...
Who Gets Copies of the Will After a Person Dies?
Many movies and television shows have a scene where a family gathers around a big table after a relative has died to listen to the reading of the will. While this makes for a dramatic scene, one that may have been more common when literacy rates were lower, it doesn't...
Three Reasons Why Giving Your House to Your Children Isn’t the Best Way to Protect It From Medicaid
You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it. Although you generally do not have to sell your home in...
What Can We Do If the Spouse of a Medicaid Applicant Won’t Provide Financial Information?
It sounds like your father-in-law is a good candidate for “spousal refusal” or “just say no.” If your father assigns his legal right for support from his wife over to the state, under the Medicaid rules the state Medicaid agency should evaluate your father-in-law’s...
What To Do When a Loved One Passes Away
Whether your spouse has just passed away or you have lost your mom or dad, the emotional trauma of losing a loved one often comes with a bewildering array of financial and legal issues demanding attention. It can be difficult enough for family members to handle the...
An Introduction to ABLE Accounts
When Congress passed the Achieving a Better Life Experience (ABLE) Act in 2014, it was a game-changer for families with special needs. For the first time there was a tax-advantaged way to put money aside for dependents with disabilities without compromising their...
My Thoughts on the Importance of Special Needs Planning
Proposed Major Change to Medicaid’s Funding Structure
The Department of Health and Human Services (HHS) will now give states the option to obtain a portion of their federal Medicaid funding via so-called "block grants." This potentially dramatic change is billed as a way to improve state flexibility in running Medicaid...
Congress Reverses Recent Changes to the Kiddie Tax
Written By: Andy Jones A major bipartisan bill, signed into law by President Trump in December, includes significant tax changes for people with assets in a special needs trust for a minor. The changes center on the so-called "kiddie tax," which just underwent a major...
Attention Seniors: Make Sure You Are Counted in the 2020 Census
The 2020 census is starting soon, and seniors need to be counted. This may be more of a challenge this year because for the first time, the census will be completed largely online. The U.S Constitution mandates that the federal government conduct a census every 10...
How Secure Is Social Security?
For years people have been worried about Social Security’s future, but what is the actual outlook? According to the federal government, unless Congress acts to intervene, Social Security shortfalls are expected beginning in 2035. Social Security retirement benefits...
The Top 10 Elder Law Decisions of 2019
During 2019, many legislative decisions affecting the aging and special needs populations have come down from courts across the United States. Below, in chronological order, is ElderLawAnswers' annual roundup of the top 10 elder law decisions for the past year, as...
Accounting for Gifts and Loans to Children in Your Estate Plan
No parents want their children to fight among themselves after they are gone. Sadly, conflicts often arise, especially when a parent has gifted or loaned money to one child and not others. However, a few key words in your estate plan can minimize the potential for...
If My Mother-in-Law Lives with Me, Does Medicaid Count My Income and Assets When Determining Her Eligibility?
Answer: In most states, your and your husband’s income and assets should not be included in your mother-in-law’s application for benefits. This is because the definition of “household” only includes a spouse and dependents. So you and your husband are not members of...