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How the 2018 POMS Update Affects Trust Beneficiaries

7/10/2018

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How the 2018 POMS Update Affects Trust Beneficiaries
By Cameron Lindahl and David Lillesand

The Social Security Administration (SSA) released amendments to the Program Operations Manual System (POMS) this year and changed many of the ways recipients of Supplemental Security Income (SSI), and in some cases Medicaid, can utilize their Special Needs Trusts (SNT).  It’s important to note that this text does not address all the changes to the POMS. However, the purpose of this text is to address some of the most impactful changes to Trust Beneficiaries of Pooled Special Needs Trusts (First and Third Party).  The new POMS are a big win for persons with disabilities as it provides more flexibility to Trustees and individuals living with disabilities across the country.

​Sole Benefit Vs. Primary Benefit

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What are CPT Institute's Responsibilities as Trustee?

4/16/2018

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What are CPT Institute's Responsibilities as Trustee?
By Cameron Lindahl M.S. and Sara Toor M.A

Before addressing this topic, it is important to note that books have been dedicated to this sole topic, and those publications are still not entirely comprehensive.  The purpose of this blog is to simply provide a general overview of what it means to be a Trustee of a Special Needs Trust (SNT).  It is important to note that no rule is absolute when making decisions regarding the administration of an SNT.  Every decision a Trustee makes is based on a multitude of variables such as: prudent investment rules, state Medicaid rules, Social Security Administration’s (SSA) Procedure Operating Manual System (POMS), labor laws, case law, probate codes, etc.
​
Overview

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Can the Social Security Administration Check My Checking and/or Savings Account?

9/15/2016

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According to the Social Security Administration’s (SSA) POMS: SI 01140.200, Access to Financial Institutions (AFI) is in motion in all fifty (50) states). What does this mean? The Social Security Administration (SSA) is able view and request an applicant’s bank account balance data via the eAFI subsystem and the e4641 website. Why? This will allow the Social Security Administration (SSA) determine Supplemental Security Income (SSI) eligibility and re-determinations.

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Excluded/Exempt Resources

8/29/2016

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Excluded Resources are assets that are not included or counted when the Social Security Administration (SSA) determines a beneficiary’s eligibility for Supplemental Security Income (SSI). Keep in mind, a beneficiary’s individual assets cannot exceed the $2,000 limit $3,000 for a couples. With exempt resources, some items or assets are allowed to be possessed by the beneficiary without being counted in the $2,000 asset limit.

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Importance of Submitting Receipts/Invoices to Trustee for Reimbursement of Payment

8/22/2016

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Keeping an accurate record of which items, goods, or services were paid on behalf of a beneficiary is one of many responsibilities a trustee has when administering a Special Needs Trust. In the event of an audit from the Social Security Administration (SSA), the trustee (CPT), would have to adequately provide necessary documents to ensure that the reimbursement was in fact for the sole benefit of the beneficiary and was for the specific item, good, or service that is to be reimbursed.

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    Authors

    William E. Lindahl, MBA, CLPF

    Sara Toor, M.A. 

    Cameron Lindahl, M.S.

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