FAQs about special needs trusts in California

March 16, 2012 in

Below are some frequently asked question about our trusts

Will the funds in the account be counted as income for Medi-cal?
No, assets held in a Special Needs Trust are uncountable for Medicaid and SSI eligibility.

Are there any restrictions?

Yes, all types of Special Needs Trust but follow state rules when distributing funds from the trust.  The primary golden rule is that no funds can be distributed (paid out) that are not for the SOLE benefit of the trust beneficiary.
Must the person be disabled?
Yes, anyone who is using any type of Special Needs Trust, but meet the Social Security Administration definition of disabled.
Is there a transfer penalty? and will the transfer penalty trigger
a transfer of assets that will disqualify Medi-cal long term care?
It depends, if an individual is over the age of 64 in California a single transfer of assets is allowable.  Any additional deposits will be subject to a transfer penalty.  Please consult your attorney for more information about how a transfer penalty may affect you benefits.
What happens to the remainder of funds in the trust after a person
is deceased?
With all first party Special Needs Trusts a lien accrues for care and services provided while in the trust.  These costs are recovered by the state via a lien that is paid from assets remaining in the trust once the trust is terminated.  Any additional funds can be passed to whom ever you choose.
Will Medi-cal recoup against trust?
Yes, from remaining funds when trust is terminated.
What kinds of risk does the investment have?

We have seven investment models that are utilized. Based on risk assessment the client is placed the applicable investment model.  Most models are very conservative.

DISCLAIMER: CPT does not provide legal advice. Answers to these questions are generalized and because all cases are different and each state has different laws pertaining to trusts, these answers may not apply to your particular case. Please seek the advice of an attorney or contact us with questions pertaining to your individual case.

As the baby boomer population ages

March 9, 2012 in General

As the baby boomer population ages, we find ourselves with an increase percentage of clients who have smaller awards and or are over the age of sixty-five so a traditional Individual Special Needs Trust cannot be used.  Especially those who are seriously injured and require continued eligibility for Medi-Cal and Supplemental Security Income (SSI).  As experts in protecting the injured you already use the following primary indicators to determine then your client will need a Special Needs Trust:

  • Client qualifies or receives Medi-Cal and/or Supplemental Security Income (SSI)
  • Client has a dependent that has or is qualified for Medi-Cal and/or SSI
  • Client is permanently unable to work and meets Social Security Administration definition of disabled

So what do you do when settling a case for an individual over the age of sixty-four. As you know Federal law permits Special Needs Trust to hold assets of a person while preserving your clients needs-based public benefits as identified in 42 USC §1396p (d)(4)(A) & (d)(4)(C).   There are two First-Party Special Needs Trusts options available to your client. An Individual Special Needs Trust or  a Pooled Special Needs Trust. The diagram below will help you differentiate the two First-Party trusts available.  This article will focus on how you can utilize the First-Party Pooled Special Needs Trusts to serve the baby boomer generation.

First Party Special Needs Trust Comparison

Pooled Trusts use a state approved master Special Needs Trust administered by a non-profit rather than an individual or a bank.  Fortunately in California Medi-Cal allows the transfer of settlement funds into a Pooled Trust or (d)(4)(C) trust for individuals of any age.

Charities Pooled Trust (CPT) of California offers comprehensive prompt support to consumer attorneys. They use a one-page trust application that can be submitted online. Trust documents are provided within three business days.  They do not have minimum funding requirement.  CPT also has a probate compliant master trust so they can accept cases that are court supervised.  In addition, CPT will hold Medicare Set-asides funds so they will remain uncountable to Medi-Cal & SSI.  The MSA funds are still professionally administered by your MSA vendor

Now you have a way to process cases of any size for clients of any age while still protecting Medi-Cal & SSI eligibility.

Trust Beneficiary

March 6, 2012 in

Please be sure to view our fee schedule

Please select your state:

California
Arizona
New Jersey
Florida
Ohio

 


 

California

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Outline of CA CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 


 

Arizona

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Change of Advocate Form

DE312 Arizona budget reporting document

DE522

Disbursement Request Form – Utilize to request funds from your trust

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 

 


 

New Jersey

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 


 

Ohio

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 


 

Florida

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 

 

Settlement Brokers

March 6, 2012 in

Please be sure to view our fee schedule

Please select your state:

California
Arizona
New Jersey
Florida
Ohio

 


 

California

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

MSA (Medicare Set Aside) Submission Rules

Outline of CA CPT Program

Petition CA Court Supervised Sample California Petition

Petition CA Not Court Supervised Sample California Petition

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT-Quick-Reference-Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Arizona

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

DE312 Arizona budget reporting document

DE522

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Arizona

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

New Jersey

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust New Jersey

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Ohio

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Ohio

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Florida

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Florida

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

Fiduciaries

March 6, 2012 in

Please select your state:

California
Arizona
New Jersey
Florida
Ohio

 


 

California

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Petition CA Court Supervised Sample California Petition

Petition CA Not Court Supervised Sample California Petition

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Arizona

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

DE312 Arizona budget reporting document

DE522

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Arizona

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

New Jersey

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust New Jersey

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Ohio

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Ohio

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Florida

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Florida

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

Consumer Attorneys

March 6, 2012 in

Please be sure to view our fee schedule

Please select your state:

California
Arizona
New Jersey
Florida
Ohio

 


 

California

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of CA CPT Program

Petition CA Court Supervised Sample California Petition

Petition CA Not Court Supervised Sample California Petition

Snapshot First party Special Needs Trust (SNT) comparison

 


 

Arizona

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison


 

New Jersey

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 


 

Ohio

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 

 


 

Florida

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison.

 

Applicant Attorneys

March 6, 2012 in

Please be sure to view our fee schedule

Please select your state:

California
Arizona
New Jersey
Florida
Ohio

 


 

California

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of CA CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 


 

Arizona

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 


 

New Jersey

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

Snapshot First party Special Needs Trust (SNT) comparison

 


 

Ohio

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison

 


 

Florida

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Outline of the CPT Program

Snapshot First party Special Needs Trust (SNT) comparison.

 

Trust Attorneys

March 6, 2012 in

Please be sure to view our fee schedule

Please select your state:

California
Arizona
New Jersey
Florida
Ohio

 


 

California

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

MSA (Medicare Set Aside) Submission Rules

Outline of CA CPT Program

Petition CA Court Supervised Sample California Petition

Petition CA Not Court Supervised Sample California Petition

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Arizona

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

DE312 Arizona budget reporting document

DE522

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Arizona

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

New Jersey

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust New Jersey

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Ohio

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Ohio

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 


 

Florida

Affidavit Sole Benefit

Allowable Disbursements List List of generally allowable disbursements

Allowable Disbursements List (Spanish) List of generally allowable disbursements translated to Spanish

Brochure CPT Special Needs Trust

Change of Advocate Form

Disbursement Request Form – Utilize to request funds from your trust

DRA Asset Transfer Rules Deficit reduction act asset transfer rules outline.

Grillo Case Case attorney held liable for not protecting government benefits.

Grillo Court Documents Case attorney held liable for not protecting government benefits.

HIPAA (Health Insurance Portability and Accountability Act) Authorization for the Use and Disclosure of Protected Health Information

Master Trust Florida

MSA (Medicare Set Aside) Submission Rules

Outline of the CPT Program

Pre-Existing Creditor Claims 4faqs

Snapshot First party Special Needs Trust (SNT) comparison

SNT Quick Reference Sheet

Trust Application Utilize this form to gather information to submit your case

Trust Notification Letter Sample document (Word .docx format) to provide notification to Social Security Administration (SSA) about your trust

Waiver of Liability & Advice to Seek Legal Counsel

W-9 Needed for all trust enrollees. PDF version that can be filled out, printed, then mailed.

 

CA resident eligible for Medi-Cal/Medicare while getting SS payments?

March 2, 2012 in Frequently Asked Questions, General

Can an injured California resident still be eligible for Medi-Cal and Medicare benefits while receiving structured settlement payments?

Yes.

Federal law permits a first party Special Needs Trusts (SNTs) to hold assets (such as structured settlements) of injured parties under age 64 while preserving their needs-based public benefits such as California’s Medi-Cal, Medicare and SSI. However, under federal law, individual Special Needs Trusts cannot be used by individuals age 64 and over without disqualifying the injured parties from receiving public benefits. A plaintiff who, for example, is eligible for Medi-Cal and receives a litigation recovery will lose Medi-Cal benefits until the litigation recovery is spent below $2,000 for an individual or $3,000 for a couple (the resource limits for Medi-Cal). Fortunately, a first party Pooled SNTs can overcome these disqualifying hurdles.

However, within days an injured party of any age or settlement amount can combine a Pooled SNT with structured settlement assets to preserve government benefits while receiving income for nonmedical needs. Pooled SNTs are a state approved master trust that is established and managed by a charity. Because they are created through a nonprofit entity, support a “pool” of individuals, not a single individual, and the settlement money remains in the trust and is not owned by the plaintiff until distributed, the income from these trusts is not counted against needs-based public benefits.

When the trust is terminated and the state lien has been paid, the remainder passes to heirs just as it would with an individual SNT. Because the Pooled SNT is a state approved master trust the trust documents are created and provided within three business days.

Pooled SNTs can be used for an individual of any age, but this is the only type of special needs trust available to people age 65 or older.

Much like the SNT used to preserve a plaintiff’s eligibility for Medi-Cal, a Medicare Set Aside Arrangement (MSA) is used to preserve a plaintiff’s future eligibility for Medicare. When the plaintiff is receiving (or soon will receive) both Medi-Cal and Medicare, an MSA is placed inside a Pooled SNT but must be professionally administered.

Currently, only one California Pooled SNT has the ability to provide plaintiffs’ protection of their settlement recovery from both Medi-Cal and Medicare: the California Charities Pooled Trust (CPT).