5 Issues to Consider Before Your Child with Special Needs Turns 18
As the parent of a child with special needs, your role as a parent becomes different when your child becomes a legal adult. Although your child may have some or all the same needs for assistance from you, your legal …
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How Will My Divorce Affect My Child with Special Needs?
Divorce in the United States today is common, and some studies suggest that parents of children with special needs may have even higher rates of divorce than other married couples. The personal, medical, and financial challenges that often accompany a …
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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 …
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I’ve Established A Third Party Special Needs Trust, What’s Next?
Establishing a third-party special needs trust is a major step in providing for the needs of an individual with disabilities. Special needs trusts are complex and may be difficult to understand and administer. Once the trust documents have been signed, …
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What Expenses Can A Special Needs Trust Pay?
The purpose of a third party special needs trust is to provide persons with disabilities the means to augment their quality of life while enabling them to remain eligible for needs-based public benefits. While a special needs trust is a valuable tool …
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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 …
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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 …
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State Increasing Funding For I/DD Community
After a federal judge admonished the State of Illinois in 2017 for failing to meet the requirements of a 2011 consent decree requiring more community-based services for the intellectually and developmentally disabled (I/DD) community, Governor J.B. Pritzker has proposed a …
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Your Teachers’ Retirement System Pension (TRS) Can Provide Benefits For Individuals With Special Needs
The Illinois Teachers’ Retirement System (TRS) provides retirement benefits for workers in the educational system including: classroom teachers, regional superintendents school administrators school nurses, social workers, and psychologists school librarians other school-related positions requiring licensure. …
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Letter To Siblings
Message from Brian Rubin, attorney, founder of Rubin Law & the father of a son with autism, among other special needs… To the brothers and sisters of children and adults with special needs… We, your parents, fear that no one will …
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Sibling Perspectives on Special Needs
By Benjamin A. Rubin, Esq. When a family member has special needs, siblings grow up fast. Parents sometimes speak of how life changed for them when they began caring for a child with disabilities, but for me, and for many …
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Heart to Heart Family Educational Group Presentations
TO FELLOW FAMILIES OF CHILDREN & ADULTS WITH SPECIAL NEEDS, When you have a child with special needs, planning for that child’s future can be an overwhelming task. Where do you begin? Who has the answers? How do you find …
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Guidance & Information Article
THIS ARTICLE BY BRIAN N. RUBIN WAS PUBLISHED IN THE EXCEPTIONAL PARENT MAGAZINE © FEBRUARY 2011 THE GUIDANCE AND INFORMATION DOCUMENT FOR FUTURE CARE PROVIDERS AND TRUSTEES Why do it, when to do it, what it should include… Brian Rubin …
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Guidance for Future Care Providers & Handbook for Trustees
Contact our office by email to request a form “Letter of Intent” or Letter of Guidance for Future Care Providers (Will be sent in PDF format), including Guardians, Agency Staff, Family Members, etc. In addition, contact our office to request …
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MetLife Letter of Intent Article
GUIDANCE AND INFORMATION FOR FUTURE CARE PROVIDERS AND TRUSTEES What parent’s often forget . . . By Brian Neal Rubin J.D. Attorney & Fellow Parent As parents of children with special needs, we possess a vast amount of information about …
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Parenting Special Needs Magazine Letter of Intent Article
Running START First Steps for Writing the Letter of Intent by Brian Neal Rubin J.D. Special Needs Alliance The letter of intent (LOI), though not a legal document, plays a central role in your child’s special needs plan, putting its …
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The Special Needs Alliance
SNA is the national, not for profit, membership by invitation, organization of attorneys, dedicated to the practice of special needs estate and future planning, disability law and public benefits law. Individuals with disabilities, their families, and their advisors may rely …
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Military Pensions Article
MILITARY PENSIONS & SPECIAL NEEDS TRUSTS BACKGROUND: Many military families with disabled children face a dilemma about whether or not to choose the Survivor Benefit Plan (SBP) retirement option. SBP will pay up to 55% (with annual inflation adjustments) …
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What Is A Qualified Disability Trust Article
WHAT IS A QUALIFIED DISABILITY TRUST? Trusts are not allowed the deduction for personal and dependency exemptions under § 151 of the Internal Revenue Code. Instead, a trust that under its governing instruments is required to distribute all of its …
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Section 8 Housing Article
Section 8 Housing & Special Needs Trusts Introduction: The federal government subsidizes housing for individuals with disabilities. The subsidies come in the form of below market-rent units in public and private housing developments and vouchers for use in the private …
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The Pickle Rule Article
The Pickle Rule The Pickle Rule is named after former U.S. Representative James (“Jake”) Pickle. In 1976, Pickle objected to an annual Cost of Living Allowance (“COLA”) for Social Security benefits because that small increase in income would cost some …
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