Protect Your Government Benefits with a
Workers Compensation Special Needs Trust –
Most government programs – including Medicaid, Supplemental Security Income (SSI), HUD and several State programs – have “income caps”. This means that if you earn more money than the “income cap” you lose your SSI, Medicaid or other government benefit.
When an individual receives money from a Workers Compensation case settlement it is generally counted as income. So the money they receive can easily put them over the “income limit” and result in the loss of their government benefits. But an experienced workers’ compensation
How a Workers Compensation Special Needs Trust Works
A special needs trust can enable an injured worker to put his money in a place that doesn’t “count against” her/his income limit – so he or she is not disqualified from receiving their government benefits either now or in the future.
A special needs trust is a document that “sets aside” this money from the worker’s other assets and appoints someone to serve as the “trustee”. Since the injured worker no longer has control over the money, SSI and Medicaid and other government programs essentially “ignore” the trust when determining program eligibility.
Plan for the future with a Workers Compensation Special Needs Trust
Even if a disabled individual who doesn’t need Medicaid now may need it later to pay for long term care. Likewise, someday a disabled person, who currently lives with family, may seek local, state or HUD housing subsidies.
So putting a special needs trust in place now can protect your government benefits in the future when you may need them!
The Special Needs Trust simply ends when it is no longer needed, which is usually at the beneficiary’s death or when the money in the trust has all been spent.
Do I Need an Attorney for a Workers Compensation Special Needs Trust?
Remember different government programs have different “thresholds” or “income caps”. Every programs has its own mix of eligibility standards and amount of benefits. So a Workers Compensation Special Needs Trust that protects your eligibility for one government program does not necessarily to protect your benefits from another program.
Additionally, a special needs trust will not qualify the injured worker for SSI, Medicaid & other benefits unless it is “irrevocable” (can’t be reversed), “inter vivos”, has only life beneficiaries who meet the Social Security definition of disabled, and all Medicaid payback requirements are met. Special needs trusts are also required to comply with certain State and Federal reporting and administrative requirements.
For this reason having an experience Workers Compensation Special Needs Trust attorney is essential. To protect your own financial interests, to ensure the money is “safe” and to meet the government requirements, it is best to have an attorney establish your Workers Compensation Special Needs Trust.
Los Angeles Workers Compensation Attorneys
If you are applying to receive Workers Compensation benefits, call our experienced attorneys today to discuss how you can protect your government benefits – now or in the future. Our experienced Los Angeles are attorneys will explain your options and work to ensure that you obtain and keep the maximum amount of benefits to which you are entitled.