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Special Needs Trust

Claimants for disability may also qualify for Supplemental Security Income (SSI). In order to qualify for SSI benefits, a person must have a low income and few resources. SSI is a needs-based benefit program. A person’s SSI benefits are calculated based on the resources of their household. For some, filing for disability is a direct result of an injury that occurred through no fault of their own. Many who are injured receive a court award or settlement as a result of the negligence of another party. Depending on the amount, the settlement can then affect a person’s eligibility for SSI or reduce a person’s benefits.

A solution to this problem is called a Special Needs Trust. Special Needs Trusts are often made for the benefit of disabled or mentally ill beneficiaries so they do not lose the government benefits that they are receiving or would receive in the future. The settlement or court award will be placed in a trust with a trustee having control over the management of the funds, rather than the beneficiary. With a Special Needs Trust, a person receiving SSI will continue to receive their SSI benefits and Medicaid. The Trust will then supplement that income so as to provide for any needs or services that SSI cannot cover. The trust’s assets will not be counted as resources that could impact a person’s eligibility for SSI. This would allow someone to continue to remain eligible and receive their benefits from SSI as well as have any added expenses taken care of with money from the trust.


Client Testimonials

Mr. Gardberg – I am forever in your debt. I will never be able to tell you how much I appreciate what you have done for me. I praise you and your firm for all they did to help me in my disability case. Thanks for being so kind.

– L. Nelson

Saying thank you is easy, but you will never know how you impacted my life by helping me with me Social Security disability case. This thank you comes right from the heart.

– R. Turner

Thank you, thank you , thank you to all of the angels in the law firm at Gardberg and Kemmerly. I sincerely hope you know how much you did to make my life better.

– D. Thompson

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