Gupta Law Firm
Planning Ahead for Peace of Mind

Blogging Ahead

By: Sipi Gupta | January 13, 2020

Today, most courts find that a parent has a duty to support an adult child who is unable (as opposed to unwilling) to support himself. Sometimes this is based on a court’s interpretation of an applicable statute. Other times there is no statute on point and the court instead relies on the decisions of courts in prior cases. Occasionally, if the court has no supporting statutory or case law on which to rely, the court will forge ahead and base its decision on its interpretation of the historical common law relating to parental duties.

A small number of courts around the country have held that a parent has no duty to support an adult child who cannot support herself. This minority position usually results from a court relying on a statute that...

By: Sipi Gupta | January 13, 2020

Long-term care insurance is a specific type of insurance product that helps people cover the cost of long-term care beyond a predetermined period.  But it’s not the only way to pay for in-home care, adult day care, assisted living or a nursing home.

 

Short-term care insurance is an alternative to long-term care insurance that provides good coverage for those in need of long-term care.  Not only are they less expensive, but they may also be available to older seniors or those who aren't otherwise eligible for long-term coverage. Short-term care insurance policies (also known as recovery care or convalescent care policies) will offer between $50 to $300 per day of long-term care coverage for 180 to 360 days.  You choose t...

By: Sipi Gupta | September 02, 2019

For more of the latest news and information, follow @sipiguptalaw on Facebook and Instagram and @sipigupta on LinkedIn.  Below is a sampling of recent posts.


Law Guides Public Use of Service Dogs

Businesses are required under the Americans with Disabilities Act (ADA) to permit access by service animals.


Making Medical Decisions for Someone Else

Making medical choices for another person is a weighty responsibility. Read suggested considerations when making such decisions.


Youth Nursing Homes for Children With Disabilities

Learn about the various placement and childcare options for children with profound disabilities.

By: Sipi Gupta | August 16, 2019

A guardianship proceeding can be very expensive, very time consuming, and very emotionally and physically draining—for the person who needs a guardian and the family members as well. This is because:

(1) A court petition must be filed.

(2) All interested parties must be served with notice.

(3) A court hearing must be held to review medical testimony and determine the capacity of the alleged incapacitated person.

(4) Guardians must be nominated and appointed.


With the increasing mobility of American families, the need to transfer guardianships between states is on the upswing. A new job (or military assignment), supports that better meet the ward’s needs, or even a more favorable climate are among the many motivations.


The Uniform Adult Guardians...

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 | 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 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 | 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 25, 2019

These concerts allow sensory-sensitive patrons to engage with the music and the concert hall on their own terms!!  https://www.philorch.org/relaxed-SAA#/


Relaxed Sensory Friendly Performances

What is a Relaxed Sensory Friendly Performance?

Relaxed performances are designed to provide a concert experience that is welcoming, inclusive, and comfortable for children and families with sensory sensitivities, as well as anyone who would benefit from a more relaxed environment.

Our aim is to create a safe and accepting environment where children, including those on the autism spectrum and with other developmental disabilities, and their families can experience live music together. The Academy of Music’s Ballroom—with its comfy carpet-floor (...

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 | February 22, 2018

Imagine a holistic approach to creating more accessible spaces.   Check out this primer on Universal  Design, then read about the remarkable shift to a world with increased accessibility.

By: Sipi Gupta | January 03, 2018

Awareness of the need for all-access playgrounds continuing to rise. Check out this one in South Jersey!  And, read more about the movement to create more boundless playgrounds for kids here.

Category: Kids 

Tags: good news, disability, kids 

By: Sipi Gupta | May 02, 2017

If an SSI recipient gifts money, he could lose up to three years of SSI eligibility. In order to calculate the period of ineligibility, the amount transferred is divided by the transferor’s monthly SSI benefit (including state supplement), rounding the result up or down to the nearest whole number.

For example, Ekta, who receives SSI benefits ($757.10/month in 2017), receives $30,000 from her grandfather at his death. She gives her entire inheritance to her sister.

The Social Security Administration (SSA) divides the transferred amount ($30,000) by Ekta's SSI benefit ($757.10) to determine the ineligibility period (39.62 or, rounded up, 40 months). Ekta is ineligible for SSI for just over 3 years.

For more about transfers a...

By: Sipi Gupta | February 14, 2017

Some trust beneficiaries have trouble with walking or with feeding themselves. Others have no trouble with these activities, but their disability can severely cloud their judgment. For these beneficiaries, trusts must be carefully structured with close coordination between families, trustees, and caregivers.

Because the majority of psychiatric care now takes place in the community at less cost than the care provided in hospitals, the goal of the special needs trust should be to assist the beneficiary in obtaining community services tailored towards his specific mental illness. This process starts with the choice of trustee. It is strongly recommended that family members not serve as trustees, but instead move towards the background and away ...

By: Sipi Gupta | February 11, 2017

The Department of Defense now allows assignment of military Survivor Benefit Plans (SBP) to a valid d4A special needs trust for a dependent disabled child. Previously, military members and retirees may have been advised to NOT designate a child with a disability as the beneficiary under such a plan. The new law allows SBP payments to be paid to a self-settled trust without jeopardizing an individual’s SSI / Medicaid benefits. Any such assignment must be irrevocable in order to qualify.

More information is available at the Military OneSource Special Needs page.

By: Sipi Gupta | February 08, 2017

Member of the Pennsylvania Bar Association are eligible for up to $300 per year to reimburse toward the cost of sign language or CART (Communication Access Realtime Translation) interpreters!  Click here to access the reimbursement application.

By: Sipi Gupta | January 27, 2017

The war on Medicaid impacts our disabled children, disabled adults, and senior citizens.  Read Steve Gold's recent Philadelphia Inquirer editorial describing what's at stake.