DOES THE APPLICANT NEED A SPECIAL NEEDS TRUST?
If a client is NOT totally and permanently disabled
All California residents who make less than 138% of the FPL (Federal Poverty Level) and are NOT totally and permanently disabled qualify for expanded MediCal. Even if a client’s income is ZERO, they can receive any amount of money from a settlement without jeopardizing MediCal eligibility. In addition there is no period of ineligibility created from accepting settlement proceeds.If a client IS totally and permanently disabled and unable to work.**
Anyone who has traditional MediCal with SSI (Supplemental Security Income) or SSDI (Social Security Disability Insurance) with Medicare they are considered totally and permanently disabled by the SSA (Social Security Administration).They are NOT eligible for expanded MediCal. They are eligible for traditional MediCal only. Traditional MediCal has an income and asset test.
**A trust may be indicated and a MSA (Medicare Set-aside) is a countable asset for traditional MediCal. Assets and MSA can be held in a Special Needs Trust to protect traditional MediCal and continued SSI eligibility.
DISCLAIMER: The following information is provided by CPT for informational purposes only and are intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. CPT is not engaged in rendering legal advice, and this form is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of an attorney. © 2017 CPT All rights reserved.