A special needs trust is a specialized trust that allows the disabled beneficiary to enjoy the use of property that is held in the trust for his or her benefit, while at the same time allowing the beneficiary to receive essential needs-based government benefits. The applicable Federal statute in the United States is found at Title 42 United States Code Section 1396p(d)(4)(A) and 1396p(d)(4)(C). Several States have established their own statutes.
It is important to consider use of a special needs trust when resolving a workers' compensation case for a worker who is not expected to return to gainful employment. The point of the trust is to protect the injured worker from unexpected disqualification from means tested benefits.
The instructors are workers' compensation defense attorney Rene Thomas Folse, and Will Lindahl, MBA, CLPF, Executive Director for CPT Institute, a non-profit trustee protecting people since 1994. The Course covers the following topics.
Part 1
- Introduction
- The Problem - Means Tested Benefits
- SSI Benefits
- Medicaid Benefits
- Discovery
- The Solution - Special Needs Trust
Part II
- Decision Matrix
- (d)(4)(A) vs (d)(4)(C) Comparison
- High Risk Cases
- Self Administered Issues/Risks
- Are They Revokable?
- What Happens After Death?
- Allowed Disbursements
- Management Fees
Part III
- Trustor Protection
- Structured Settlements
- Post Settlement Planning
- Asset Transfer Rules
- Deeming Rules
- Payroll Services
- Undocumented Claimants
- Industry Adoption
- Getting Started
- Disclosures
- Selecting a Trust
- Online Videos