HUD Regulations Effective January 1, 2024, Exclude Special Needs Trusts Proceeds from Income for Purposes of Low-Income Housing

HUD Regulations Effective January 1, 2024, Exclude Special Needs Trusts Proceeds from Income for the Purposes of Low-Income Housing

The Housing Opportunity through Modernization Act (HOTMA) became law in January 2016. However, final regulations to implement certain sections of the law are now going into effect. The final rule to implement Sections 102, 103, and 104 of HOTMA took effect on …
Continue reading

How Different Types of Insurance May Assist Your Child with Special Needs

How Different Types of Insurance May Assist Your Special Needs Child

As the parent of a child with special needs, you must plan not only for your financial future but also for that of your child. That plan may include the use of various forms of insurance. While you may plan …
Continue reading

What Are Resource Limits for Public Benefit and How Do They Affect Benefits Eligibility for My Adult Child with Special Needs?

What Are Resource Limits for Public Benefits and How Do They Affect Benefits Eligibility for My Adult Child with Special Needs

As children with special needs become adults, they often rely on various public benefits to assist them with medical care, financial support, and other forms of care. These public benefits programs may include Supplemental Security Income (SSI) and Medicaid. However, …
Continue reading

Understanding Medicaid HCBS Waivers for Adults with Special Needs

Understanding Medicaid HCBS Waivers for Adults with Special Needs

Home and Community-Based Services (HCBS) waivers are programs that offer services designed to permit individuals to remain in their own homes or communities rather than in institutions. Illinois waivers address different services for individuals with similar levels of needs. Illinois has nine HCBS (1915(c)) waivers, which …
Continue reading

Medicaid Estate Recovery: What Kinds of Accounts and Assets Will the Government Seek “Pay Back” From After My Loved One with Special Needs Passes Away?

Medicaid Estate Recovery What Kinds Accounts and Assets Will the Government Seek Pay Back From After My Loved One with Special Needs Passes Away

Under current law, Illinois generally must pursue Medicaid estate recovery from the estates of Medicaid recipients. As a result, when the Medicaid beneficiary passes away, the state of Illinois typically will pursue the beneficiary’s assets for repayment of the Medicaid …
Continue reading

Illinois Medicaid Asset Limit Increases from $2,000 to $17,500

Illinois Medicaid Asset Limit Increases from $2,000 to $17,500

Generally, Medicaid or Aid to the Aged, Blind, and Disabled (AABD) is a state-sponsored medical insurance program for certain individuals with disabilities based on financial need. One major benefit to Medicaid is that it covers long-term care costs including group …
Continue reading

Issues to Consider When Your Child with Special Needs Turns 22

Issues to Consider When Your Child with Special Needs Turns 22

If you have a child over the age of 18 who is currently receiving special education services, you likely had to make some important decisions and changes as your child turned 18 and became a legal adult. However, turning age …
Continue reading

The Role of the Guardian Ad Litem in Guardianship Proceedings

guardian ad litem

Guardian ad litem is a term you have likely heard, but may not understand what it means or their role. When adults with special needs turn 18, they legally become adults. As a result, their parents’ legal rights to make …
Continue reading

Working When an Adult with Special Needs Receives SSI or Social Security Disability Benefits

Social Security

When an adult with special needs receives any Social Security benefits, earning wages from working could affect those benefits. However, the impact that working can have on Social Security benefits depends largely on what type of benefits the adult receives …
Continue reading

Supported Housing Options for Adult Children with Special Needs

Supported Housing Options for Adult Children with Special Needs

Many families choose to care for their adult children with special needs at home. However, as parents age, adult children become more independent, or their needs change, families may reassess their housing arrangements. Various supported housing options for adult children …
Continue reading

What Happens to Public Benefits Eligibility if Your Child with Special Needs Marries?

What Happens to Public Benefits Eligibility if Your Child with Special Needs Marries

Some adults with special needs eventually choose to marry. When this happens, you may be concerned about the impact of your adult child’s marriage on their ability to continue to receive public benefits. When your adult child with special needs …
Continue reading

How Social Security Evaluates A Trust As A Countable Resource

How Social Security Evaluates A Trust As A Countable Resource

A person’s resources affect the ability to qualify for crucial government benefits. The Social Security Administration (SSA) sets forth resource limits for SSI applicants and recipients. For example, to qualify for Supplemental Security Income (SSI), countable resources must not be worth more …
Continue reading

Qualifying For Disability Benefits As An Adult

Qualifying For Disability Benefits As An Adult

Social Security benefits are available through the Social Security Disability Insurance (SSDI) program to people who cannot work because they have a medical condition expected to last at least one year or result in death. Adults must meet a very …
Continue reading

Social Security Recipients to Pocket 5.9% Benefit Increase

Social Security Recipients to Pocket 5.9% Benefit Increase

Recently, the federal government announced the cost-of-living adjustment (COLA) for 2022. This adjustment is applied to federal benefits to be disbursed in 2022. Many analysts expected that the COLA would be the highest since 1983 when it was 7.4 percent. …
Continue reading

Understanding Eligibility Rules for Means-Tested Programs, Part Two

Understanding Eligibility Rules for Means-Tested Programs, Part Two

The second part of this blog will discuss the way that income is characterized for a means-tested entitlement program and how it affects a benefit award. The federal Supplemental Security Income (SSI) program rules distinguish between and characterize income in …
Continue reading

Understanding Eligibility Rules for Means-Tested Programs, Part One

Understanding Eligibility Rules for Means-Tested Programs, Part One

Eligibility rules for many critical essential entitlements are means-based. Thus, any income and assets received by an individual with disabilities will affect the benefit awards that they potentially receive from these types of entitlement programs. Therefore, the effect of these …
Continue reading