Applicant Attorneys

Informal Loan Re-payment for CPT Special Needs Trust

In order for the trust to pay a loan, it must be a bonafide loan. According SI 01120.220 Cash Loans 1. Loan must be enforceable under state law. May be oral or written, but must satisfy state law requirements. 2. At the time the beneficiary received the cash/assistance, the loan agreement must be in [...]

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How can I use the funds in my CPT Special Needs Trust

1. Will the trust allow distributions for home improvements? She needs a new bathroom with a step in shower because her disability is a recent hip replacement and she currently uses a stool to get level with the shower then steps in. This is the only repair related to the disability. The rest would include [...]

Can our Pooled Special Needs Trust pay HOA fees?

CAN WE PAY FOR HOMEOWNERS FEES Homeowners fees in lastest POMS on subject. If client is on Medicaid(Medi-CAL) only; we only have to worry about sole benefit rules. If your client is receiving SSI the following applies: The Only Shelter Expenses that would cause a reduction in an SSI recipient’s benefits would be: Mortgage (including [...]

Trust program authority, approval and scope

CPT Pooled Special Needs Program Basics SSI & Medi-Cal have specific exemptions from the transfer of asset rules for transfers into Individual and Pooled Special Need’s Trust. The corresponding authority can be found out: Social Security POMS http://policy.ssa.gov/poms.nsf/lnx/0501120203 Medi-Cal Eligibility Procedure’s Manual – Paragraph 9J(51-58) http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/Article9-Property.pdf From the standpoint of SSI/Medi-Cal eligibility it doesn’t matter if the [...]