Special Needs Planning, Medicaid, SSI Dori Dixon Special Needs Planning, Medicaid, SSI Dori Dixon

To Marry or Not to Marry: A Story of Disability Benefits

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.

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Special Needs Planning, SSI, SSDI Dori Dixon Special Needs Planning, SSI, SSDI Dori Dixon

Update on 2025 Social Security Disability Benefits Payouts

If you rely on Social Security disability benefits programs such as Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), the year ahead will offer a somewhat minimal amount of relief financially.

The Social Security Administration (SSA) issued its cost-of-living adjustment (COLA) for 2025 on October 10, 2024. This coming year, the COLA will increase by 2.5 percent. The average increase over the past decade, according to the SSA, has hovered around 2.6 percent. The highest adjustment in recent years, an increase of 8.7 percent, went into effect in 2023.

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Special Needs Planning, SSI, Medicaid Dori Dixon Special Needs Planning, SSI, Medicaid Dori Dixon

More People to Qualify for SSI Under New Rental Subsidy Rule

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.

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SSI, Medicaid, Special Needs Planning Dori Dixon SSI, Medicaid, Special Needs Planning Dori Dixon

Food Will No Longer Count as Income for SSI Recipients

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.

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A Parent's Situation Can Shift Child's SSI to SSDI Benefits

Because of their disability, a person receiving Supplemental Security Income (SSI) may not have worked long enough to qualify for Social Security Disability Insurance (SSDI) benefits on their own work record. Therefore, once they meet the government’s strict physical or mental disability requirements and fall under SSI’s income and asset caps, the SSI recipient might assume that they will never obtain SSDI benefits in the future.

However, this is not always the case. In fact, many SSI recipients who became disabled prior to turning 22 years old may begin to receive SSDI benefits when one of their parents retires, becomes disabled, or passes away.

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Lifetime Money Management for Children With Disabilities

Children with disabilities present a unique challenge for parents who are looking to engage in estate planning. For one, you will want to optimize your estate to provide assets for your child. At the same time, maintaining their enrollment in public benefits programs is no doubt going to be essential.

To ensure you meet both of these objectives requires careful planning. A special needs trust is an estate planning tool that can accomplish these and other goals you may have for your child.

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Medicaid, SSI, Special Needs Planning Dori Dixon Medicaid, SSI, Special Needs Planning Dori Dixon

Study: Medicaid Critical for U.S. Adults With Down Syndrome

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.

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SSI, SSDI, Special Needs Planning, Medicaid Dori Dixon SSI, SSDI, Special Needs Planning, Medicaid Dori Dixon

Bill Would Aid Thousands of Working People With Disabilities

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.

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Building an Estate Plan for Adult Children with Disabilities

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.

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ABLE Account Owners Who Work Can Save More Through 2025

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.

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Supplemental Security Income (SSI) for Children With Autism

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.

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Dori Dixon Dori Dixon

Should an SSI Recipient Refuse an Inheritance?

Supplemental Security Income (SSI) beneficiaries must comply with very stringent income and asset rules to receive benefits.

One such rule is the resource allowance limit: A single SSI beneficiary may have only $2,000 of countable resources (for a couple, $3,000). Countable resources include items such as cash, bank accounts, stocks, bonds, certificates of deposit, brokerage accounts, land, life insurance, personal property, and a second vehicle.

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Elder Law Dori Dixon Elder Law Dori Dixon

5 Reasons for Seniors to Celebrate in 2023

It has been a tumultuous few years. Amid a continuing pandemic, tense midterm elections, and a war in Ukraine, we have grappled with more than our fair share of grim news.

However, with the new year upon us, there are some silver linings — in particular for seniors.

Here are five reasons for seniors to celebrate in 2023:

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ABLE Account Age Adjustment a Bright Spot in Omnibus Passage

The Senate and House have cleared the passage of a year-end $1.7 trillion appropriations bill that will affect people with disabilities on several fronts.

The bill, which runs more than 4,000 pages and includes a wide variety of legislation, heads to President Biden next for his signoff.

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Special Needs Planning, Medicaid, SSI Dori Dixon Special Needs Planning, Medicaid, SSI Dori Dixon

Remembering Lois Curtis, Famed Disability Rights Advocate

Lois Curtis – known as “L.C.” in a historic disability rights case — has died. She passed away from cancer at her home in November 2022 at age 55.

Curtis, who had intellectual and psychiatric impairments, was institutionalized from her teenage years into her early 20s. She and another plaintiff, Elaine Wilson, eventually went on to fight for their right to live in their community rather than being unnecessarily institutionalized.

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Three Changes You Must Report as an SSI Recipient

Supplemental Security Income (SSI) is a monthly payment issued to disabled children and adults who have income and resources that are under an amount set by the Social Security Administration (SSA). There are many important factors that determine your eligibility for SSI. SSI recipients are responsible for reporting changes to the SSA when they happen. The following are three examples of what must be reported by SSI recipients.

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Social Security Disability Benefits to Rise for 2023

The Social Security Administration has announced that its beneficiaries will see a significant increase – totaling nearly 9 percent – in their monthly Social Security checks come January 2023. This cost-of-living adjustment (COLA) is the largest boost to Social Security benefits in more than 40 years. The increase for 2022 was 5.9 percent.

Supplemental Security Income (SSI), which helps support millions of limited-income people with disabilities, will provide recipients with a slightly higher payout – on average, $73 more a month for individuals and $110 more a month for couples – beginning on December 30, 2022.

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