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!!!SPECIAL NEEDS TRUST!

Effective December 31, 2016, there has been a significant change in the federal law regarding the establishment of Special Needs Trusts. The “21st Century Cures Act” was signed into law on December 13, 2016. Previously, the law only allowed a parent, grandparent, legal guardian or a court to establish a Special Needs Trust, but Section 1917 (d)(4) (A) which was revised will now allow a disabled individual to establish his or her own Special Needs Trust. This will significantly reduce the time, money and effort in having to obtain court approval to establish a Special Needs Trust.

!!!VETERAN’S ADMINISTRATION ALERT!!!

The Veterans Administration (VA) has published a proposal that will significantly change eligibility rules for veterans’ and or their spouses. The VA now anticipates that the final rule changes will be published after April 2017. Therefore, it is important that all veterans and their spouses, who anticipate that they will be applying for VA Benefits now or in the future, should consult with an accredited VA Attorney as soon as possible.

These rules include:

  • Establishing a clear net worth limit
  • Defining and clarifying deductible medical expenses
  • Three year (36 month) look back period

!!!DISASTER ALERT!!!

Any assistance received due to a catastrophe or major disaster having been declared by the President of the United States, is permanently excluded as a resource for Medicaid. Funds must be identifiable as disaster funds.

The FEMA Program’s money due to the flood victims is considered disaster assistance, and any interest earned is excluded as an income resource.

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    by Losavio&DeJean on September 19, 2018 at 6:22 pm

    Persons that apply for Social Security benefits often become frustrated when they are denied. They are particularly frustrated when they feel that their relative or friends received benefits so easily while they themselves have been denied. Persons should be careful … Continue reading &rarr […]

  • Can I Get Veteran’s Disability and Social...
    by Losavio&DeJean on September 17, 2018 at 4:24 pm

    Yes. You can get both Veteran’s Disability and Social Security Disability Benefits at the same time. They are separate and independent programs. Both have their own eligibility requirements. The receiving of either does not affect the eligibility of receiving the … Continue reading […]

  • Divorce: Be Careful What You Ask for In Property...
    by Losavio&DeJean on September 4, 2018 at 4:11 pm

    If a spouse is receiving Social Security Income benefits and Medicaid, they should be extremely careful in settling and litigating their partition (division) of community property under Louisiana law. SSI and Medicaid are needs based programs. Generally, a recipient is … Continue reading […]

  • Keep the Social Security Administration Updated...
    by Losavio&DeJean on August 28, 2018 at 8:01 pm

    When a person begins receiving Social Security disability benefits, claimants may believe that they don’t need to do anything else. However, the Social Security Administration imposes duties on claimants to keep the Social Security Administration informed and updated on any … Continue […]

  • Important Upcoming Free Seminar
    by Losavio&DeJean on August 17, 2018 at 7:32 pm

    Originally posted on Losavio & DeJean, LLC: Our next free seminar on How to Plan for Long Term Care is scheduled for Tuesday August 21, 2018 at the Ascension Parish Library – Gonzales 708 South Irma Blvd. Gonzales, LA 70737 […]

  • Will an Inheritance or Personal Injury Settlement...
    by Losavio&DeJean on August 16, 2018 at 6:59 pm

    It is not unusual for person’s receiving Social Security benefits to come into money or property by way of inheritance or personal injury settlement or judgment. To determine whether the receipt of this money or property will adversely affect your … Continue reading &rarr […]

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