Attorney & Parent Attorney & Sibling - "QSP/QIDP" & Parent - Rubin Law, A Professional Corporation
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“QSP/QIDP” & Parent
(Qualified Intellectual Disabilities Professional)
Family Benefit Solutions, Inc.
Attorney & Parent
Attorney & Sibling
Rubin Law, A Professional Corporation
My Life
3
House of Benefits TM
2
1989 2019
= Goal Room
Penthouse
FAMILY SSA/SSDI Medicare
BENEFIT FICA
SOLUTIONS, INC. SSI Medicaid
Sherri Schneider
Property of Family Benefit Solutions Property of Family Benefit Solutions
1 2 3
1
SSA/SSDI Disability Definition Requirements Disability for under 18 years old
4 5 6
Is not working at a job that we consider to be substantial work; and
Different for children
Has a physical or mental condition (or a combination of conditions) that
results in “marked and severe functional limitations.” This means that the
• MUST have paid into FICA condition(s) very seriously limits his or her activities; and
• Retirement
• Quarter: 2020 is $ 1410
• Does NOT look at assets
than for adults The condition(s) has lasted, or is expected to last, at least 1 year or is
expected to result in death.
To decide whether your child is disabled, SSI looks at medical and other
•
Early Retirement information (such as information from schools and from you) about his or her
condition(s), and they consider how the condition(s) affects his or her daily
• Widow’s pension activities. SSI considers questions such as:
• Disabled – Title II What activities is your child not able to do, or is limited in doing?
What kind of and how much extra help does your child need to perform
age-appropriate activities -- for example, special classes at school, medical
equipment?
Do the effects of treatment interfere with your child’s day-to-day activities?
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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2
Disability:
Adult Disability – per Social Security Adult Disability – per Social Security
7 8 9
A. COMPASSIONATE ALLOWANCE
The definition of disability under Social Security is different
than other programs. A. Compassionate Allowance - Approved with-in 20 days
Social Security pays only for total disability. No benefits are Social Security has an obligation to provide benefits quickly to
payable for partial disability or for short-term disability. applicants whose medical conditions are so serious that their
"Disability" under Social Security is based on your inability to OR conditions obviously meet disability standards.
work.
They consider you disabled under Social Security rules if: Compassionate Allowances (CAL) are a way of quickly
You cannot do work that you did before; B. Diagnosis identifying diseases and other medical conditions that
invariably qualify under the Listing of Impairments based on
They decide that you cannot adjust to other work because
of your medical condition(s);
And
AND minimal objective medical information. Compassionate
Allowances allow Social Security to target the most obviously
disabled individuals for allowances based on objective
*****Your disability has lasted or is expected to last for at
least one year or to result in death.
Functional Limitations medical information that we can obtain quickly.
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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3
Compassionate Allowance If NOT a compassionate allowance: First: Need to have:
10 11 12
A DIAGNOSIS on Social Security’s list of
impairments
Go to SSA.GOV and Listings of impairments
Need to prove 2 things:
“Sections” for every bodily function
Physical, Organ & “Mental”
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
10 11 12
4
13
What are they looking for??
14
What are they looking for Cont’
15
BUT:
DEVELOPMENTAL DISABILITY: PHYSICAL DISABILITY:
WAIS – full score of 70 or below - affecting 2 limbs Many people CAN work
- during developmental years
SEIZURES:
having any diagnosis
MENTAL ILLNESS: - continuing despite medication
- 3 inpatient stays within the past 12 months
- compliance with doctor & medication
- clean & sober for at least 6 months+
Property of Family Benefit Solutions
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5
Second: Functional Limitations ALL MEDICAL INFORMATION: Once they get enough medical info:
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Because I have this diagnosis, WHY CAN’T I Best if not older than 3-6 months old Case gets reviewed by a doctor in Springfield.
WORK? MUST show functional limitations as to why Medically awarded
NEED TO PROVE WITH DOCUMENTATION from a CANNOT work Medically denied – there is some work that can be
professional – WHY Can’t work??? done - usually did not prove significant functional
Concentration, pace, persistence
Should be consistent
limitations
Appropriate social functioning School records / IEP: Should compare to a
Go to a Consultative Examination (CE)
Activities of daily living TYPICAL child
Understand/Remember/Apply information
Interact with others
Adapt or manage oneself
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
16 17 18
6
19
2nd Definition of Disability
20
Working Over SGA??
21
House of Benefits TM
WIPA- Contact the IATP WIPA Program toll free at (800) 852-5110
Unable to earn:
Work Incentive Planning and Assistance (WIPA) Program will give
you the information you need to make the best choice about your
future.
SGA : Substantial Gainful Activity
- A federally funded program created to help individuals receiving
SSI/SSDI make informed choices about being employed. If you are
working, have a job offer or ready to start employment, they will
NOT BLIND BLIND help you understand how working will affect your benefits. SSA/SSDI Medicare
They will explain Social Security work incentives in addition to state
2020 = $ 1260 2020 = $ 2110 benefits, such as Medicaid, subsidized housing, TANF, food stamps,
etc..
FICA
SSI Medicaid
Property of Family Benefit Solutions Property of Family Benefit Solutions
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7
Medicare Medicare Medicare
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Who is eligible? Parts of Medicare: WHO pays first?
• 65 y/o Part A – inpatient hospital Coordination of benefits Hotline: Medicare & other
Usually free insurance: 800-999-1118
• 65 y/o on SSI
Part B – Outpatient & doctors
• 65 y/o & Federal Employee Medicare Part A – 877-602-2430
Monthly premium
• Any age - ALS DME Claims – 800-270-2313
Part C – Medicare Advantage Plan
• Any age - Renal dialysis for end stage renal disease Part D – Drug benefit Medicare Part B – 800-642-6930
• Any age - Receiving SSDI checks for 24 months 14 companies selling 42 different plans – each has drug list
Medicare in general – 1-800-MEDICARE
Call SHIP or 1-800-MEDICARE to determine best plan
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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8House of Benefits TM
SSI SSI
25 26 27
• Supplemental Security Income
• How Process Works
• 1 Person Maximum - > 2020 in IL = $ 783
• MOST STATES ALSO GIVE A STATE CHECK – NOT IL • 3 Decisions –
SSA/SSDI Medicare •Who is eligible?
• Disabled? (have we proven CANNOT work)
• 65 years old or older • Date of onset? – BE CAREFUL - if after age 22, will lose “goodies”
FICA • Blind in both eyes later
• Disabled: • Need payee?
•Compassionate Allowance
• THIS IS A JOB !!!!!!
SSI Medicaid •or
•Listing level impairment AND functional
Taxpayers limitations
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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9SSI SSI: INCOME – earned & unearned SSI - ASSETS
28 29 30
• INCOME: ASSETS:
• Between 18 - 22 y/o & Full time Student exemption One single person – 18 or older, ALLOWED:
• LOOKS at income, assets, and living arrangements • 2020= $ 7670/yr
• If over income or asset limit – no SSI Home that you live in
• Under 18 years old, parents income & assets count (deeming) One car – any value
• Spouse’s income & assets count • 22 y/o + or Not full time Student - monthly Less than $2,000 (checking, savings, stocks, bonds, IRA, C/D,
• First $85 ok money market, 401K, cash value of life insurance – if you
• then for every $2 earned, they subtract $1 SSI are the owner, savings bonds, brokerage accounts)
THREE PARENTAL ASSETS ARE EXEMPT FOR A MINOR
CHILD:
***** Three year look back *****
•Homestead
•One car
•Qualified retirement accounts
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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10SSI – Living Arrangements SSI SSI – Living Arrangements Cont’
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Living Arrangements Rental arrangement -Needs written rental
Living arrangement = where you live and who pays for your food and
shelter items. • Living with another = loss of 1/3 ($522 in 2020) agreement
SSI benefits may be reduced because of the living arrangement when
any of the following apply: • Living in OWN household Why wouldn’t everyone rent – get more $$$$ ?
You live in another person's home and pay less than your fair share of the
food or housing costs. Will the rental income cause a tax issue for the parent?
You live in your own home and someone else is paying for all or part of your
food, rent, mortgage, or utility expenses.
You live in a private or public hospital or nursing home for the whole month
and Medicare pays for over one-half of the cost of your care.
You live in an institution run by a federal, state, or local government for the
whole month.
You are a minor child living in a medical treatment facility for the whole
month and private insurance or Medicaid, or both, pays over half your bill.
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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11SSI – Living Arrangements House of Benefits TM
Illinois Medicaid
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FAIR SHARE
Get all necessary household bills • Many names: Illinois Department of Public
Divide the monthly amount by number of people in the Aid -vs- Department of Family & Child
household Services -vs- KidCare -vs- All Kids -vs- Illinois
If the SSI recipient’s share is LESS than $783, he/she will get SSA/SSDI Medicare Department of Healthcare and Family
$783
If the SSI recipient’s share is MORE than $783, he/she is FICA Services
getting help & will get the reduced amount of $522
• Medicaid office: CASH, MEDICAL & ??
SSI Medicaid
Taxpayers
Property of Family Benefit Solutions Property of Family Benefit Solutions
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12If you ONLY have IL Medicaid Illinois Medicaid (Cont.)
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And no Medicare or no commercial insurance, you
will NOT have traditional Medicaid • Traditional Illinois Medicaid covers:
You will have to pick an INTEGRATED CARE PLAN – • Most acute care hospitals in Illinois
Health Choice IL - has it’s own hospitals, doctors & • Certain doctors – if accept Medicaid – co-pay is $0 – for now
pharmacies. • *** Pharmacies – co-pay is $0 – for now
• Diapers & bed pads delivered
If you do not actively pick one, one will be
• DME – with prior authorization
automatically assigned to you • Many nursing homes
• QMB – if eligible- Part B and Part D Premiums
(There is no co-pay for pregnant women, people enrolled in the Breast & Cervical
Cancer treatment program, residents of nursing homes, supportive living facilities
and intermediate care facilities)
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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13BEGINNING JANUARY 1, 2020 Medicaid -> NOT JUST FOR MEDICAL Medicaid Pays
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IL Medicaid will ONLY pay for prescriptions, referrals, • PROGRAMMING
services, etc…. -for after 18 years old
IF THE PRESCRIPTION IS WRITTEN BY AN IL MEDICAID (alone or with another
ENROLLED PROVIDER
payor )
Need to: • Day Program
- Find a Medicaid enrolled doctor • Supported Employment
Or • Job Coach
- Ask your doctor to enroll in IL Medicaid • Residential
Property of Family Benefit Solutions
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14Medicaid Waiver Programs MEDICAID WAIVER PROGRAMS Medicaid Facts
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Medicaid is not very portable
Rubin Law will be covering
Out of state
Some programs, ALL you need to have is IL Medicaid. the specific IL Medicaid Medicaid is not accepted at every doctor
Some programs, you need to have IL Medicaid AND waiver programs in the
another source of funding.
next part of this Medicaid is ALWAYS the payor of last resort
presentation.
Property of Family Benefit Solutions Property of Family Benefit Solutions
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15WHO CAN GET IL MEDICAID? Illinois Medicaid NEW CATEGORY
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TRADITIONAL CATEGORIES: Now, thanks to the ACA and IL Public Act 98-104 (pdf),
BEFORE 1/1/14:
Refugee
more adults are eligible for Medicaid in Illinois and the
65 & over
MUST BE A CATEGORY Blind in both eyes
public is able to apply for Medicaid through a new,
online application called the Application for Benefits
Disabled (SSDI, SSI, disease ends in death, unable to work
AFTER 1/1/14: for 12 months or more - substantiated with medical
records)
Eligibility (ABE).
Beginning January 1, 2014, all Illinois residents
Pregnant
Affordable Care Act (ACA) Under 19 years old
between 19 and 64 years of age, who are U.S. citizens
or who have legal status, and who have monthly income
Parent(s) living with child(ren) who are under 18 years
old and that are legally theirs – the entire family is less than (2020) $1,467 for an individual are eligible
eligible for Medicaid through the new “ACA Adult” category.
DCFS or Foster Child
Breast or cervical cancer – thru Dept of Health
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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16Affordable Care Act Clients Medicaid If we lose Medicaid:
49 50 51
Illinois Medicaid expansion Redeterminations YEARLY We may lose payment for Medicaid waiver
“ACA” Many people get cancelled incorrectly programs
ONLY LOOK AT INCOME
DO NOT LOOK AT ASSETS
CANNOT have MEDICARE
TODAY – WILL PAY FOR WAIVER PROGRAMS-
including nursing homes
Property of Family Benefit Solutions Property of Family Benefit Solutions Property of Family Benefit Solutions
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17Illinois Medicaid Illinois Medicaid IL MEDICAID
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INCOME – ASSETS – CILA - IS NO LONGER CONSIDERED
• For all categories- NOT ACA ONLY for Aged, Blind or Disabled
•
“LONG TERM CARE” –> UNDER IL MEDICAID.
Community • If over allowable standard = deductible “spend-down”
If over allowable standard, monthly deductible
Community Why do we care??
“spend-down” : 2020=($1063 + $25 = $ 1088) • 1 single person - allowed: house they live in, 1 car and
Long Term Care $2000 When applying for IL Medicaid for CILA, we do not need
Resident can keep $ 30, $60 or $90 monthly • No look back to provide 60 months of bank statements. The 60 month
Resident can pay for Medicare and other health Long Term Care look back - for Long Term Care - does not apply to CILA.
insurance DRA - February 8, 2006
If single, balance of income to facility SMART Act
60 month look back
If married, adhere to spousal rules •
• Spousal Impoverishment
Property of Family Benefit Solutions Property of Family Benefit Solutions
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18HBWD – Health Benefits for Workers Traditional Medicaid vs.
BUT I WANT TO WORK Health Benefits for Workers with Disabilities
55 56
with a Disability 57
HBWD – Health Benefits for Workers with a Disability TRADITIONAL NEW HBWD
INCOME $1088 $3746
• Illinois resident between 16 & 64
{1 Person} ($3721 + $25)
• MUST have “disability”
• MUST be employed & pay into FICA ASSETS $2,000 UP TO $25,000
{1 Person} & Qualified Retirement
Accounts ARE EXEMPT!
• Allows person to earn more money
• Allows person to have more assets COST If over $1088 CANNOT be over.
Monthly spend down. Monthly premium to
No coverage until spend “buy” coverage is
down is met. $0 - $100+
Property of Family Benefit Solutions
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19HBWD Cont’ Movin’ On Up
58 59
HBWD allows up to $25,000 in assets
IF YOU LIVE IN A CILA –>No If we are in the
longer considered “Long Term “basement”, how do we SSA/SSDI Medicare
Care” under IL Medicaid. get to the “penthouse”?
You DO NOT need to Elevator
SSI Medicaid
spend-down your increased assets
60
Property of Family Benefit Solutions Property of Family Benefit Solutions
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20Riding the Elevator Riding the Elevator (Cont.) Riding the Elevator (Cont’)
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1) Works and earns FICA on own but LESS than SGA = Adult Child moves from SSI to DAC OLD RULE:
monthly (2020= $1260)
2) DAC = Disabled Adult Child (disability) -Prove you have enough FICA quarters on your own
CDB = Childhood Disability Benefits work record
• a) Onset date that Social Security has is before age 22 Or
•
• AND
b) Parent with a FICA work record
AND - Prove your parent has retired & collects, or your
• AND
• c) That Parent either:
In 24 months Medicare parent has a disability of their own & collects or
Becomes retired & collects SSA your parent has expired
or
Becomes disabled themselves and collects SSDI
or
Becomes deceased
- AUTOMATICALLY MOVED TO SSDI or DAC
Property of Family Benefit Solutions Property of Family Benefit Solutions
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21Riding the Elevator (Cont’) What Stops the Elevator? How to Lose These Benefits?
64 65 66
NEW RULE:
A NEW APPLICATION will need to be initiated. Marriage
New Medical records will need to be provided to be
sent to Springfield’s doctors to review to determine if
the applicant meets the current rules of disability for 1) 10 day rule
their diagnosis.
2) Redeterminations
Working over SGA
3) Inheritances
Property of Family Benefit Solutions Property of Family Benefit Solutions
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22REAL ANSWER IS- SPECIAL ESTATE
Future Planning 2020 STIMULUS CHECKS
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PLANNING TO INCLUDE: 69
SPECIAL If you receive SSI and receive a stimulus check from
the government, this amount:
NEEDS Will NOT count as income the month you receive it
Will Will TRUST (S) WILL NOT count as an asset for the next 12
months.
The Rubins
will cover…
Property of Family Benefit Solutions
67 68 69
23Legal & Future Planning
2020 STIMULUS CONTINUED FAMILY BENEFIT SOLUTIONS, INC. for children & adults with special needs…
70 71
How will SSI know if the money in your account is
stimulus (to be not counted) or actual earned money to
Sherri Schneider BRIAN RUBIN
be counted? 847-279-8506 Attorney & Parent
- Report receipt of this check to SSI. Benefithelp@aol.com
- Include: Name, SS#, proof of check (copy of check,
bank statement showing direct deposit)
BENJI RUBIN
- Send it in a way you will have proof of their receipt Attorney & Sibling
(certified, request for signature, tracking, fax receipt
showing complete). This will help any potential future
over-payment situations.
All media used in the presentation is for educational purposes, therefore it is under the protection of Fair Use.
Property of Family Benefit Solutions
70 71 72
2474
S.I.B.S.
Supporting Illinois Brothers & Sisters
Illinois Chapter of the national Sibling
Leadership Network
73 74 75
25S.I.B.S. www.sibsnetwork.org
Supporting Illinois Brothers & Sisters
Illinois Chapter of the national
What YOU,
Sibling Leadership Network
Request or “ ”, do
Form
Item
#7
Government Benefits
76 77 78
26WHERE FROM ? WHERE FROM?
The
REQUIRES
SPECIAL
NEEDS
TRUSTS
Working ? “GREAT” STATE OF
Parent(s) ?
Siblings ?
79 80 81
27BEWARE…
SSI/SSDI Rx - Co
More thanPays
If living “residential” RESIDENTIAL
Programs
– medical…
Deductibles
• Note for Supplemental Security Income (SSI)
Recipients (From Commissioner of SSA): Dependent children NOT subject to
then only keep – Issuance of economic impact payments as quick
$60 @ month 1/3
reduction and efficient as possible. We realize people are “limiting age” provisions!
to $449.34
for personal use… concerned, and the IRS will provide additional
information on their web page when available.
Please note that we will not consider economic
Even if living “residentially”!
Medicare
impact payments as income for SSI recipients,
and the payments are excluded from resources Even if can’t claim as dependent for
for 12 months.
TWO YEARS – We will continue to update Social IRS Income Tax purposes!
Security’s Coronavirus COVID-19 web page as
further details become available.” since 1969, amended 1997 & 2007.
82 83 84
28“the attainment of the STATE OF ILLLINOIS DHS DDD DEFINITION OF DD FOR WAIVER
does not operate to terminate the
hospital and medical coverage of a
person who,Request
because of a
Form
handicapped condition that
occurred before attainment of the
Item
limiting age, is
#4
.”
85 86 87
29for:
PRIORITIZATION OF URGENCY ► All Medicaid Programs…
OF NEED FOR SERVICES ► Children’s Waiver
► Adult Waiver
• CILA - Group Homes
• HBSS
• In-Home CILA
for infants, children & adults with • Supported Employment Services
. • Community Day Services (DT)
• Regular Work (Workshop)
88 89 90
30• The ISC ( ervice
oordination) Agents (used to be “Pre-
Admission Screening” Agents, name
change, but same organizations) are
point of
to access state & federally funded
services for persons with developmental
disabilities, over the age of three, & their
families.
91 92 93
31FYI as of November 2018
The State has changed to just 3
categories (or Crisis + 2 categories):
1. Crisis – within 72 hours
2. Seeking – desire services within
one year:
under 18 Children’s Waivers
18+ HBSS/Residential
3. Planning – future will need
94 95 96
32The Illinois
Maze!
97 98 99
33Parents
Request
Form
assets
& income
Item
#9
do not count!
HBSS &
Taxes
NOT
part of
LIGAS
Class
action
lawsuit!
100 101 102
3418+ CRISIS “WAITING LIST” CLASS MEMBERS NOT IN CRISIS “WAITING LIST” CLASS MEMBERS NOT IN CRISIS
1. Class member residing at home not in crisis will be placed 1. Class member residing at home not in crisis will be placed
Definition of Crisis - Adults (same since 2/2008) on PUNS waiting list. on PUNS waiting list.
Caregiver is deceased
2. FY 2019 1,200 2. FY 2019 1,200
Caregiver is unable to address support needs, 3. LIGAS case agreement June 2019: 3. LIGAS case agreement June 2019:
jeopardizing health and safety of individual
a. PUNS selections “will be tailored such that by the Fiscal a. PUNS selections “will be tailored such that by the Fiscal
Individual is being physically or mentally abused Year 2025 selection, no individual will wait on PUNS for Year 2025 selection, no individual will wait on PUNS for
Individual is homeless more than 60 months (5 years).” Note that for more than 60 months (5 years).” Note that for
Behaviors put the individual and/or family member(s) at individuals on the PUNS before age 18, the 60-month individuals on the PUNS before age 18, the 60-month
risk period begins on the 18th birthday. period begins on the 18th birthday.
Those in Crisis will receive services “expeditiously” (72 b. Fiscal Year 2020: minimum of 600. b. Fiscal Year 2020: minimum of 600.
hours?) c. Fiscal Years 2021 through 2025: minimum of 630 @ year. c. Fiscal Years 2021 through 2025: minimum of 630 @ year.
103 104 105
35• Personal Assistant
• Homemaker Services
• Home Health Services
• Electronic Home Response
• Home Delivered Meals
• Adult Day Care
• Assistive Equipment
• Environmental Modifications
• Respite Services
• Brain Injury (Behavior; Habilitation;
Pre-Vocational; Supported Employment)
• Community Reintegration
106 107 108
362 Versions, both...
Reserve
Supplemental Fund
Over & Above
Government Benefits
No $ limit
Federal
State
109 110 111
372 Versions, both...
Reserve
Supplemental Fund
Over & Above
Government Benefits
No $ limit
Federal
State
112 113 114
38INHERITANCE THEN
UPON
BENEFICIARY
GIFT PASSING…
INSURANCE
IRA FAMILY
401K CHARITY
GUARDIANS
Beneficiary’s own assets
Including child support (divorce)
115 116 117
39118 119 120
40#1 So NO “Piggy Backing”
#2 NO “Grand Fathering”
#3 NO Nursing Home
Impoverishment
#4 NO Place for
“large” gifts to go
121 122 123
41So what’s all Who can use
it?
the for? Parents
Siblings
Instruction Grandparents
Manual Anyone...
“Rules of the
Remember - 3rd Party
Road”
Parents & Family
as Trustees…
124 125 126
42So what’s all Who can use
it?
the for? Parents
Siblings
Instruction Grandparents
Manual Anyone...
“Rules of the
Remember - 3rd Party
Road”
Parents & Family
as Trustees…
®
127 128 129
43130 131 132
44WHAT ABOUT GIFTS ?
133 134 135
45BENEFICIARY When
an ABLEtoAccount
consider ABLE?
…consider spending it down on Is an option?
allowed expenditures, such as: •1. Now
Excess SSI/SSDI/Earnings
available in Illinois to avoid $2,000 issue? But if SSD not SSI… &
working, consider
• Maximum $15,000 HBWD a year 1st!
from ALL sources!
•2.Only
ShortONEterm savings
account per beneficiary!
COMPUTER, TV, DVD PLAYER…
•3.Beneficiary
For beneficiary to be inif control
is OWNER, (or when)of “some”
18, if no spending
Guardian!money
VACATION •4.Balance
Avoid 1/3 canreduction
not be more for housing if on SSIfor SSI
than $100,000
•5.&Small
neverinheritances not correctly left toin3host
party trust
rd
PRE-PAID FUNERAL more than maximum for 529s State (Illinois =
6. Small law suit settlements
$450,000).
PAY OFF DEBTS… EVEN TO •7.But,
2018limited
- Convert traditional
on how can spend529(“sort
Account…
of”)! up to $15,000
Penalties & tax!limit…
PARENTS… •8.Pay
2018back
- Additional
on death,contribution
so not reallyofnotthefor
lesser
largeof3earned
rd partyincome from
employment
contributions. for year & $12,060, if no contribution by or for to an employer
CLOTHES
retirement
• Tax free? SO saving
WHAT! plan. However, the earned income will still be counted for
BUT MUST BE FOR HIS/HER purposes
• What of eligibility.
if Beneficiary has Guardian or is a minor?
SOLE BENEFIT…
136 137 138
46• New Illinois Statute…
• Not as advertised…
• No Pay Back is being “advertised” Request
BUT
1. Doesn’t apply to all 9 Illinois
Form
Medicaid Waivers including
DDD and DRS, and specifically
Item
CILA/ICFDD, SODC, HBSS
2.Doesn’t apply to even medical
# 11
Medicaid post age 55
• Tax Deduction… so what
• Child Support… Feds say NO!
139 140 141
47Party Special Needs Trust
“OBRA 93 Trust”… Medical
Malpractice Special
Then
upon Only if NOT 65
Needs
passing… Only by Parents, grandparents,
“(d)(4)(A) or (C) Trust” Courts, guardians & self (new)… NOT
Trust Personal
Trust others
“PAY BACK Trust” (like
Injury
any left SSA Position...
an ABLE account… Inheritances
only then:
FAMILY Courts often require...
because…
His/Her own assets, CHARITY
& Gifts NOT
to 3rd party
such as savings bonds,& GUARDIANS Pay Back to day 1...
SNT
142 143 144
48Request
Form
Item
#3
145 146 147
49WHICH “ ” FIRST? COMMON ATTORNEY MISTAKES!
148 149 150
50COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES!
151 152 153
51COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES!
154 155 156
52COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES!
157 158 159
53COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES!
160 161 162
54COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES!
163 164 165
55COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES!
166 167 168
56COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES!
169 170 171
57COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES! COMMON ATTORNEY MISTAKES!
172 173 174
58Request Request
Form Form
Item Item
#1 #6
Handbook Reading
Material
Request
Form Item # 9
SNT/Taxes 175
175 176 177
59 Who will make all of
the necessary
decisions?
Medical?
Government Benefits?
School Issues?
Recreation & Social?
Employment?
Day Programs?
Residential?
178 179 180
60 Can they
understand?
Job will outlast
them!
Other Children?
Siblings?
Grandparents?
Friends?
School District
of Guardian?
Married
Couples?
Same as
Trustees?
181 182 183
61You need to write it ALL down! WRITE IT DOWN!
Guidance & Instructions For family information
diagnoses, hospitalizations, medications, doctors, other
Future Guardians, professionals… PAST & PRESENT!
Trustees, & Care Providers. Request
behavior… “dos” & the “do nots”…
Form
“melt down” techniques…
school concerns, suggestions…
MITCH
RUBIN Item # 2
employment, adult activities, living situation…
when someone dies…
Form & Articles
Government Benefit Information…
Wills, Trusts, Life Insurance, Powers of Attorney, SNT,
funeral desires & related info…
executive summary
184 185 186
62• Schools?
• Doctors/Hospitals/Insurance
Claims?
• Signing documents/Contracts
• Dealing with SSA /State
• Residential/Living arrangements
• Employment/Day Programs,
Agencies
• Marriage
• Driving
• Arrests – DD/ID/MI is NOT Diplomatic
Immunity…
187 188 189
63190 191 192
641. lacks decisional capacity
2. no health care agent
3. then… (a) Guardian of Person… (b) spouse… (c) any adult children… (d) any parent… (e) any
sibling
193 194 195
65 Powers of Attorney
Financial/Property
Health Care/Medical/Living Will
Mental Health Treatment
Education
Representative Payee
196 197 198
66Government Benefits
IRS
Residential
Employment matters
Funding/establishing self settled (d4A/C)
SNTs and ABLE Accounts
HIPAA release
UID/PW
Copies
199 200 201
67PARENT
SIGNS
202 203 204
68• What if he/she is on computer buying things with
1. Will he/she “sign” them ? mom’s credit card.
• What if he/she announces that he/she is getting
2. Will he/she allow you to act, or will
married or moving in with “friend”.
he/she terminate/void the PA as soon • What if he/she refuses to have parents at
as… when…? IEP/504/ISP meeting, or is “tricked”.
• What if he/she goes for driver’s license test and you
3. Doesn’t prohibit him/her from… said no.
4. Remain vulnerable? • What if he/she is being asked to sign ____ ?
205 206 207
691. Will he/she “sign” them ?
Power(s)
2. Will he/she allow you to act, or will Health Care of
he/she terminate/void the PA as soon Surrogate Act Attorney
as… when…?
Limited/Partial Plenary (Full)
3. Doesn’t prohibit him/her from…
Guardianship Guardianship
4. Remain vulnerable?
208 209 210
70A LEGAL RELATIONSHIP between an
individual (the guardian) who
another individual (the ward)
(the ward),who lacks sufficient capacity to
manage his or her own affairs or make &
communicate important decisions.
211 212 213
71755 ILCS 5/11a GUARDIANS FOR ADULTS WITH DISABILITIES
• 755 ILCS 5/11a-5 Who may act as guardian.
• (a)
(1) has attained the age of 18 years;
(2) is a legal resident of the United States; (that is not need be
Illinois)
(3) is not of unsound mind;
(4) is not an adjudged person with a disability
(5) has not been convicted of a felony, unless the court finds…
• (b) Any public agency, or not-for-profit corporation found capable
by the court
• (c) Any corporation qualified to accept and execute trusts in this
State may be appointed guardian of the estate of a person with a
disability
214 215 216
72217 218 219
73Need to
educate
agencies!
220 221 222
74 Health Care Surrogate Act –
Guardian #1
Make medical treatment
decisions including decisions
to forgo or withdraw life-
sustaining treatment.
223 224 225
75DMV does NOT
BUT, EVEN IF A PLENARY follow the law!
Even if DMV allows
GUARDIAN IS APPOINTED… Request with M.D. letter,
Form allows, DON’T!
HE/SHE CAN STILL VOTE… Item 1. Liability
2. Insurance?
#8
Guardianship & NOT
FOR THIS IS IF PLENARY
Driver’s Licensefor sure…
Limited ?
ILLINOIS!
226 227 228
76229 230 231
77234
232 233 234
78NEW ILLINOIS LAW - Public Act 100-483 - effective September 8, 2018
REQUIRED TRAINING FOR GUARDIANS… even for parents
• Required Training
• outlines the duties and responsibilities of guardians…
• outlines the rights of a person with a disability…
• at no cost, and shall
• File with court a certificate of completion within one
year, EXCEPT… “the court may, for god cause shown,
exempt from this requirement…”
• However, only applies to 101 of the 102 Illinois
counties…
NOT applicable to Cook
County?!?! Don’t ask…
235 236 237
79Request
Guardianship Training Link:
https://www2.illinois.gov/sites/gac/OSG/Pages/Guardianship-Training.aspx Form
Barry G. Lowy
Item
Director, Office of State Guardian
Guardianship and Advocacy Commission
#5
401 S. Spring Street, Suite 521 Guardianship &
Springfield, IL 62706
(217) 785-0333 Alternatives
238 239 240
80NOT JUST special needs trusts, NOT just documents…
Not just additional special provisions in Wills, Living Trusts, and Powers of Attorney
Not just extended family instructions and forms
Not just planning for probate court avoidance
Not just federal and state estate tax (death tax) avoidance or minimization planning
Not just at 18 guidance and advice on guardianship and alternative options to guardianship
Not just assistance and forms for changing titles and naming beneficiaries
Not just guidance on navigating the Illinois maze of children and adult services, including home
based and residential options
Not just guidance and forms for “Letters of Intent”, guidance for the “future team”
Not just consulting and planning on the impact of divorce on government benefits and planning
Not just consulting on the impact of, and planning for, litigation settlements, on SSI and Medicaid
Not just advice and consulting on the proper or appropriate use of ABLE accounts
Not just assistance on navigating the move to another State due to different laws and State programs
Not just assistance and intervention with Government Benefits issues and correspondence from SSA
and HFS (State Medicaid Agency)
Not just telling you of new laws, regulations, policies, and options impacting your planning
Not just parent to parent and sibling to sibling mentoring259
Contact Sherri at:
benefithelp@aol.com
847-279-7999
Contact Brian and Benji at:
email@rubinlaw.com
866.to.rubin or 847-279-7999You can also read
