Law Office of Donald D. Vanarelli Blog

The Treasury Department has issued a Notice of Proposed Rule-Making (75 Fed. Reg. 34394 (June 17, 2010)) that would affect all those who receive payments from the Social Security Administration. Those claimants who file an initial application on or after March 1, 2011 would have a choice of direct deposit into their bank account OR [...]

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The Treasury Department and the four major benefit agencies, the Social Security Administration, the U.S. Department of Veterans Affairs, the Office of Management and Budget, and the Railroad Retirement Board, are jointly releasing new rules which prevent banks from seizing Social Security and other federal benefits from customers facing debt collectors. The new rules would [...]

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Named after its Congressional sponsor and enacted in 1977, the Pickle Amendment created a separate category of Medicaid eligibility. Under the Pickle Amendment, an individual who received both Social Security benefits (SSA) and Supplemental Security Income (SSI) benefits but became ineligible for SSI due to cost-of-living adjustments (COLA) in the SSA benefit will remain eligible [...]

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As you know, the Supplemental Security Income (SSI) program, administered by the Social Security Administration (SSA), is a needs-based government benefit program which provides monthly cash assistance to aged, blind or disabled individuals who have limited income and resources. Individuals over age 65 automatically meet the “aged” requirement. Adults who assert eligibility as “blind” or [...]

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Supplemental Security Income (SSI) is a federal program that helps aged, blind and disabled people with very low income and resources pay for food, clothing and shelter. In other words, SSI is a government program based upon financial need. SSI is often confused with Social Security Disability benefits (SSD). Although both programs are administered through [...]

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The Social Security Administration (SSA) published its annual Fact Sheet last month, showing changes to SSA benefits upcoming in 2010. I found three items of interest on the Fact Sheet: The SSA officially acknowledged that there would be no cost-of-living adjustment next year for monthly Social Security and Supplemental Security Income (SSI) benefits. The new [...]

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Special needs trusts (also known as “supplemental needs” trusts) allow a disabled beneficiary to receive gifts, lawsuit settlements, or other funds and yet not lose his or her eligibility for certain government programs. Such trusts are drafted so that the funds will not be considered to belong to the beneficiary in determining eligibility for public [...]

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In a ruling seen as a major setback for disabled individuals and their families, on September 1, 2009 the United States Court of Appeals for the Tenth Circuit granted summary judgment in favor of the State of New Mexico, affirming a denial of Medicaid benefits and holding that the State could consider a special needs trust [...]

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As reported on my blog, Judge John Malone, Presiding  Judge of the Chancery Division of the Superior Court in Union County, entered an Order authorizing the Administrator of an intestate estate, i.e., an estate of a decedent who died without a will, to establish a Special Needs Trust, often referred to as a Supplemental Benefits [...]

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The economic stimulus legislation enacted in February 2009 provides a one-time payment of $250.00 to nearly all Social Security and SSI beneficiaries who were eligible for a benefit payment in any one of the following months:  November 2008, December 2008, or January 2009.  SSA made these payments in May 2009. I previously blogged about the [...]

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