Gupta Law Firm
Planning Ahead for Peace of Mind

Blogging Ahead

By: Sipi Gupta | September 16, 2019

If you're enrolled in the Qualified Medicare Beneficiary (QMB) Program and get a bill for Medicare deductibles, coinsurance, and copayments, here are three things to do:

Tell the provider or debt collector that you have QMB and can’t be charged for Medicare deductibles, coinsurance, and copayments. Show your provider your Medicaid or QMB card every time you get medical services or items. If you already made payments on a bill for services and items Medicare covers, you have the right to a refund.

If the medical provider won’t stop billing you, call 1-800-MEDICARE (1-800-633-4227). TTY users can call 1-877-486-2048. The agent can confirm that you have QMB. Medicare can also ask the provider to stop improper billing, and refund any incorre...

By: Sipi Gupta | August 30, 2019

Serving as a trustee requires administrative and technical skills in addition to strong interpersonal communication skills. Identifying the appropriate trustee is difficult in general; a Special Needs Trust (SNT) presents additional challenges. While most families will name a relative to serve as the trustee of their family’s SNT, they are often unaware of the specialized knowledge needed to succeed in the role. In many cases, it makes sense to have a family member involved in some capacity in the care of the individual with special needs. Another option is to select a professional trustee with specialized skills to serve as the trustee or co-trustee.

Ideal Qualities for a Trustee

In considering trustees to name for your SNT, evaluate your al...

By: Sipi Gupta | August 24, 2019

As your parents age, they may spend months or years in a nursing facility. What happens if one of them is in need of long-term care and is unable to pay for it?  Currently, 28 states and the Commonwealth of Puerto Rico have filial responsibility laws holding adult children legally responsible for support of financially strapped parents.


Pennsylvania has captured the most attention, due to a case, HCRA v. Pittas (2012 Pa. Super 96, May 7, 2012), in which an adult son was found liable for his mother’s $93,000 nursing home bill following an automobile accident. 


Maryann Pittas, the victim of a car accident, was a patient in a nursing home for about six months. A few weeks after she was released, her son received the nurs...

By: Sipi Gupta | July 09, 2019

Prior to ABLE, one of the only tools available to put money away for savings was a special needs trust. While SNTs remain great options for settlement proceeds, inheritances, and large gifts, etc., ABLE accounts can be used for smaller, more modest sums.  ABLE dramatically increases your ability to save money while retaining your health care and other benefits. The accounts are easy to set up, and easy to administer.  Click here for a very special webinar covering ABLE, SSI/SSD, and special education for your kid.

By: Sipi Gupta | July 08, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at QDWI.

Qualified Disabled Working Individual

Benefit: Medicaid benefit; pays Medicare Part A premiums
Asset Limit: $4,000 single; $6,000 couple
Income Limit: 200% of FPG ($4,249 single; $5,722 couple)

By: Sipi Gupta | July 01, 2019

 

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at QI.

Qualified Individual (MSP)

Benefit:  Medicaid benefit; pays Medicare Part B premiums for people not otherwise eligible for Medicaid

Asset Limit: $7,730 single; $11,600 couple

Income Limit:  135% of FPG ($1,426 single; $1,923 couple)

By: Sipi Gupta | June 24, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at SLMB.

Specified Low-Income Medicare Beneficiary

Benefit:  Medicaid benefit; pays Medicare Part B premiums

Asset Limit: $7,730 single; $11,600 couple

Income Limit:  120% of FPG ($1,269 single; $1,711 couple)


By: Sipi Gupta | June 17, 2019

 

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at QMB.

Qualified Medicare Beneficiary (MSP)

Benefit:  Medicaid benefit; pays Medicare premiums, Medicare co-pays, and deductibles

Asset Limit: $7,730 single; $11,600 couple

Income Limit:  100% of FPG ($1,061 single; $1,430 couple)

By: Sipi Gupta | June 10, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at MSP.

Medicare Savings Program

Benefit:  Medicaid programs to help low-income Medicare beneficiaries (QMB, SLMB, etc.)

Asset Limit: Yes

Income Limit:  Yes

Comments: Must be receiving SSDI, CDB, or 65+.  SNT may preserve eligibility if excess assets as with other Medicaid programs

 

By: Sipi Gupta | June 03, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at Medicaid.

Benefit:  Health insurance for individuals who elderly, have a disability, or are low-income

Asset Limit:  Yes; varies with specific program; most programs use same asset limit as SSI program

Income Limit:  Varies by state and Medicaid program; income can reduce benefit.  

Comments:  First-party SNT will protect as...

By: Sipi Gupta | May 27, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at Medicare.


Benefit:  Health insurance for recipients of social security retirement income and their spouse, SSDI, and CDB

Asset Limit:  None

Income Limit:  None

Comments: Medicare benefits do not start until 24 months after receipt of SSDI or CDB.  Retirees must be 65+

By: Sipi Gupta | May 20, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at TANF.


Temporary Assistance to Needy Families

Benefit:  Cash assistance to families with minor children; child care subsidy while parent works or is in school.  Parents with disabilities may receive this benefit for minor child in family

Asset Limit:  Each state sets limits within federal guidelines, usually more restrictive than SSI asset limits

In...

By: Sipi Gupta | May 06, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at Aid & Attendance.

Benefit:  Cash benefit provided by VA if care costs and medical expenses exceed income

Net Worth Limit (combined assets and income):  $127,016; Residence exempt up to 2-acre lot

Comments:  Medical expenses deductible; three-year lookback with disregard for asset transfers prior to 10/18/18

By: Sipi Gupta | April 29, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at VA Pension:

Benefit: Cash benefit to low-income disabled and elderly veterans and dependents

Asset Limit: Approximately $80,000; residence and vehicle exempt

Income Limit: Income reduces benefit.  Countable income for single veteran must be less than $13,537 in 2019

Comments:  No option for a SNT to protect excess assets.  Medical expenses can redu...

By: Sipi Gupta | April 22, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for a spotlight on a different benefit program. Today, we take a look at CDB:

Child Disability Benefit

Benefit:  Cash benefit for child of deceased, disabled, or retired parent who paid into social security

Asset Limit:  None

Income Limit: None

Comments:  Child must be at least 18 years old, disabled before age 22, and not married unless to a social security beneficiary

By: Sipi Gupta | April 11, 2019

Information about the legislation that we will discuss during our round table next week with Senator Casey and Anna Perng:  http://ablenrc.org/news/able-age-adjustment-bill-reintroduced-us-senate  Currently, in order to open an ABLE account, an individual's age of onset of disability must be 26 or younger.  The ABLE Age Adjustment Bill would increase access to ABLE accounts by permitting individuals with a disability age of onset of up to 46 to qualify.



By: Sipi Gupta | April 08, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for spotlights on different benefit programs. Today, we take a look at SSDI:

Social Security Disability Income

Benefit: Cash benefit for disabled person who paid into social security and under full retirement age

Asset Limit: None

Income Limit: None

Comments:  Must have required work credits based on age and, if over age 30, at least 20 credits must be earned within prior 10 years

By: Sipi Gupta | April 08, 2019

There are many federal government benefit programs available to individuals with disabilities. Programs are often referred to by confusing acronyms (LIHEAP, SNAP, QMB, to name just a few) and some programs are very different but sound similar (for instance, Medicare and Medicaid or SSI and SSDI). Stop in each week for spotlights on different benefit programs. Today, we take a look at SSI:

Supplemental Security Income

Benefit: Cash benefit to low-income individuals with a disability or who are elderly

Asset Limit: $2,000, single; $3,000, couple.  Exemptions for: home, vehicle, burial arrangements

Income Limit:   In 2019, $771/mo (single) or $1,157/mo (couple) Income reduces benefit.  

Comments:  SNT w...

By: Sipi Gupta | May 22, 2017

A special needs trust cannot pay for food or shelter for an SSI beneficiary without affecting his benefits. But there is no penalty for paying for someone’s food or shelter while they are on SSDI. And if the SSDI beneficiary receives Medicare, there is no penalty there, either.

By: Sipi Gupta | May 20, 2017

The Kentucky attorney who called himself “Mr. Social Security” pleaded guilty to charges of theft of government money and payments to a federal judge for his role in defrauding the Social Security Administration (SSA). On March 24, Eric C. Conn admitted to working with doctors and an administrative law judge to procure $550 million in Social Security Disability Insurance (SSDI) benefits for clients who may not have been disabled. 

Attorney Conn built the third-largest disability benefits practice in the United States out of his tiny eastern Kentucky town of Pikeville.  The Wall Street Journal reported that he made $3.8 million from disability appeals in 2010 alone.  Under federal law, an attorney is entitle...

next>>