Special Needs Trusts and SSDI in Utah
A
special needs trust can
be established in order to provide resources intended to improve the
quality of life for a person who is otherwise eligible for certain
government benefits programs. The content of this page is not intended
to be taken as legal advice, but is provided for general informational
purposes only. For help in establishing a special needs trust or for
answers to other
estate planning questions in Utah,
consultation with
an
attorney is strongly advised.
Contact us today to see how we can
help you.
Is a special needs trust necessary for a person who qualifies for SSDI?
Because SSDI is not a means-tested benefit program, a special needs
trust
may not always be necessary for someone who receives benefits from
SSDI. But, keep in mind that there is a two-year waiting period
required for an SSDI beneficiary before that person may may
qualify for Medicare benefits.
Provisions may be appropriately incorporated into a special needs trust
that will help get the SSDI
recipient through the required waiting period prior to attaining
eligibility for Medicare, during which time the beneficiary may have to
rely on Medicaid to cover the costs of medical care. (Note that
regardless of eligibility for SSDI, a person can still qualify for
Medicare upon reaching the age of 65.)
An SSDI recipient will almost
always benefit from broad language in the special needs trust documents that provides more discretion to
the trustee. Medical conditions change over time and a person with
disabilities who presently receives adequate support from Medicare may
one day become dependent on Medicaid for services not available under
Medicare–like long term care and drug coverage. Some first-person special needs trusts
are established by the beneficiary with the beneficiary's own funds, while still retaining or
obtaining eligibility for public benefits.
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