On August 16th, 2017, Brian Alterio presented at the Continuing Legal Education (CLE) Noonday Lecture for the Erie County Bar Association. The lecture was entitled, “Supplemental Needs Trusts For Personal Injury Attorneys”. The lecture was attended by many attorneys interested in learning about how a supplemental needs trust can help their clients in this situation.
A Supplemental Needs Trust (SNT) enables a person to maintain eligibility for needs-based government benefits, including SSI and/or Medicaid, when there is a personal injury settlement or verdict. The purpose of the Supplemental Needs Trust is to benefit from the settlement without effecting his or her eligibility for the needs-based programs.
In other words, if a person who receives SSI or Medicaid is injured in a car accident, or as a result of the negligence of another person or company, a SNT will protect the settlement proceeds from interrupting the claimant’s benefits.
Since receipt of personal injury proceeds can effect eligibility for needs-based programs, your attorney needs to understands the benefits of a trust. We regularly engage the expertise of others in the field to assist in establishing and administering the SNT. There is a cost to establish the SNT based on the amount of money involved in the trust. The proceeds may be deposited in a “pool trust” or an “individual trust”. Then, the administrator will allow certain purchases according to the statute. Simply, the trust may be used to pay some expenses but not others.
We understand the need to protect these benefits and are fully committed to obtaining the best results. Don’t forget, a Small Firm can make a Big Difference.
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