Imagine not being able to marry or even live with the person you love. The recently released documentary Patrice: The Movie, now available on Hulu, addresses this emotionally challenging conundrum. Patrice Jetter and Garry Wickham are the main characters in this touching film. They have both lived with disabilities their whole lives and receive disability benefits from the government.

Over the past year, the Social Security Administration (SSA) has been making numerous improvements to its Supplemental Security Income (SSI) program. These changes, some of which became official this past week, will make things a bit easier for SSI applicants as well as current recipients.

The Social Security Administration (SSA) has published a final rule simplifying and expanding its rental subsidy program for Supplemental Security Income (SSI).

Effective September 30, 2024, the new rule is likely to allow more people to qualify for SSI. In addition, some current SSI recipients may see an increase in their monthly benefit amount as a result. The rule change is part of a broader agency effort to streamline certain aspects of the SSI program.

SSI applicants and recipients may want to talk to a special needs planning lawyer about the new rule if they have questions about how it affects them.

The Social Security Administration (SSA) has announced a major change regarding how it calculates In-Kind Support and Maintenance (ISM) for recipients of Supplemental Security Income, or SSI. Beginning later this year, the SSA will no longer count “free food” as income.

The final rule, which appeared in the Federal Register on March 27, 2024, also clarifies the SSA’s definition of “income.” The new rule will go into effect on September 30, 2024.

Dori J. Dixon has been selected as the newest member of the Special Needs Alliance.

Established in 2002, the Special Needs Alliance is a national, non-profit collective of many of America’s leading disability and public benefits attorneys. Currently in 48 states, SNA members work to secure Medicaid and other public benefits for individuals with special needs. The SNA’s mission is to help enhance the quality of life for people with disabilities by coordinating private resources with public benefit programs through special needs planning and trusts.

Southpoint Estate Planning is excited to host a special event at Reality Ministries on May 23, 2024 at 6:00pm. Jenna Hamill Flynn (LCSW) from the Autism Society of North Carolina will be joining us to explain the Innovations Waiver's Registry of Unmet Needs in the state of North Carolina. Participants will leave with a stronger understanding of the steps to take to be placed on the waitlist as well as what to expect in the process.

The NC Innovations Waiver is a Federally approved 1915 C Medicaid Home and Community-Based Services Waiver (HCBS Waiver) designed to meet the needs of Individuals with Intellectual or Development Disabilities (I/DD) who prefer to get long-term care services and supports in their home or community, rather than in an institutional setting.

Your most valuable property may be your home, which is true for many people. You likely want your children to inherit that value when you pass away.

However, you may also have concerns about planning for the future, especially if your health declines and you need expensive long-term care. You may be aware that Medicaid can pay for these services. However, Medicaid rules say you can own no more than around $2,000 in assets to be eligible – now what?

How can you ensure that your special needs child will remain well cared for and secure once others assume the role of guardian or caregiver? While creating a financial plan and establishing a specialized trust are central to preparing for your child's future, special needs planners also advise families to write down their intentions and expectations in a document referred to as a Memorandum of Intent, also known as a "Letter of Intent."

About 45 percent of adults say they plan to travel for the holidays, per The Vacationer.

With multiple generations getting together for holiday meals, gift exchanges and quality time, these annual gatherings present an opportunity to broach sensitive but important topics with your aging loved ones. By communicating with them and knowing their wishes, you can help them plan for their future.

Among adults aged 18 and older in the United States, estimates suggest that about 125,000 have Down syndrome (DS). It remains the main genetic cause of intellectual disability that qualifies individuals automatically for Supplemental Security Income (SSI) and, in turn, Medicaid. Yet very limited research exists on how adults with DS use Medicaid compared with other groups.

Currently, individuals who acquired a severe disability prior to age 22 are eligible for Social Security Disability Insurance (SSDI) based on a parent’s work record.

However, if a young person with a disability then wishes to pursue employment opportunities as they transition into adulthood, they may put themselves as risk of losing another benefit, the Disabled Adult Child (DAC) benefit.

In June 2023, Sens. Ron Wyden (D-OR), Bill Cassidy (R-LA), and a group of fellow senators reintroduced a bipartisan bill, known as the Work Without Worry Act.

Designed to allow adults with serious, lifelong disabilities to work without becoming ineligible for certain benefits, the legislation could aid about 6,000 individuals with disabilities over the coming decade if it passes.

Parents of adult children with disabilities know that their child's disability needs may change over the course of their lifetime. Planning for the future well-being of an adult child with disabilities is, therefore, a responsive, ongoing process.

The life expectancy of many adults with disabilities has increased over time. For example, according to research, life expectancy for adults with Down Syndrome rose from 25 in 1983 to 60 in 2020. Those with cerebral palsy, the most common motor disability of US children, may often live into their 50s.

The ever-increasing life expectancies of people with disabilities mean that comprehensive special needs planning requires short- and long-term planning.

1. Buy enough life insurance. A parent is irreplaceable, but someone will have to fill in if the worst happens. It may be siblings or other relatives. In all likelihood, that family will have to pay for at least some services the parent or parents had provided when able. If the estate is not large enough for this purpose, it can be made large enough through life insurance proceeds. Premiums for second-to-die insurance (which pays off only when the second of two parents passes away) can be surprisingly low.

2. Set up a trust. Any funds left for a child with special needs, whether from an estate or the proceeds of a life insurance policy, should be held in trust for his or her benefit. Leaving money for anyone with a special need jeopardizes public benefits. Many people with special needs cannot manage funds, especially large amounts. Some families disinherit children with special needs, relying on their siblings to care for them. This approach is fraught with potential problems. Siblings can be sued, get divorced, disagree on their responsibilities, or run off with the funds. It can also cause tax problems for the siblings. The best approach is a trust fund set aside for the child with special needs.

The No Surprises Act is a federal law enacted to protect patients from unexpected medical bills incurred on or after January 1, 2022. It aims to address the issue of surprise medical billing, which can occur when patients receive unexpected charges for their medical care. The Act applies to out-of-network emergency services, out-of-network air ambulance services, and certain out-of-network care received at in-network facilities.

If you are an individual with a disability who holds an ABLE account, your annual contributions to this type of account generally must not exceed $17,000 a year, as of 2023. However, ABLE account owners who are employed can contribute their work income to this type of account beyond the typical $17,000 annual threshold until the end of 2025.

Autism spectrum disorder (ASD) affects children as they develop. People with autism have differences in the brain relating to behavior, communication, and learning, as well as how they interact with others.

ASD is marked by difficulty with social situations. Yet, autism exists on a spectrum and affects individuals in varying ways. While some with ASD are nonverbal, others have advanced conversation skills. Some on the spectrum need more extensive daily help and support than others.

New developments in technology could help diagnose children earlier and provide additional support.

n 2022, the cost of raising a child in the U.S. to age 17 was roughly $17,000 per year. For families of children with disabilities, that estimate runs far higher.

The costs of such necessities as health interventions and behavioral therapies, assistive technology, medications, child care, and sensory-friendly items can mean parents raising a child with autism to adulthood will pay about $60,000 annually, according to nonprofit Autism Speaks. Depending on the severity of the child’s disability, those costs can easily escalate further.

Children with Autism Spectrum Disorder (ASD) who meet certain criteria outlined by the Social Security Administration (SSA) may be able to secure public benefits that can offset these costs to some degree.

Elder law attorneys may specialize in estate planning, incapacity planning, and end-of-life care for seniors. These practitioners are essential because they work to protect a vulnerable population. To plan for their future and their care, seniors and their families should consider hiring an elder law attorney.

A newly proposed rule by the Social Security Administration (SSA) could ultimately change the way “in-kind income” is defined for recipients of Supplemental Security Income (SSI).

Memory care is specialized care for patients living with Alzheimer’s disease, dementia, or other conditions that cause memory loss. Hospitals and nursing homes may have memory care units or a separate entity dedicated to this service. Memory care provides seniors with meals, opportunities to socialize, mentally stimulating activities, and support for their caregivers.