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Update to the Social Security POMS
Travis Finchum Special Needs Lawyers, P.A. Clearwater, Florida SpecialNeedsLawyers.com 1
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Update to the Social Security POMS
POMS updates April 30, 2018
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SI pgs 1-40 SI pgs SI pgs POMS updates April 30, 2018
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Found at: SpecialNeedsLawyers.com/blog/
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SI 01120. 200 – Trusts general SI 01120. 201 – Self-settled SI 01120
SI – Trusts general SI – Self-settled SI – Exceptions to general policy that all self settled trusts count
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pages 4 and 5
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page 8
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page 12
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page 15
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.200 F - page 20
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pages 20-21
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If the trust was established… follow instructions in:
page 25 b. Which instructions apply when determining the resource status and income treatment of a trust Depending on the trust’s date of establishment and whose funds the trust principal contains, follow these instructions to determine the resource status and income treatment of the trust: If the trust was established… and contains… follow instructions in: on or after January 01, 2000, any assets of the individual, SI , SI through SI , SI and SI only assets of third parties, SI before January 01, 2000, assets of the individual transferred before January 01, 2000, any assets of the individual transferred on or after January 01, , SI , and
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Post Eligibility changes Change in policy affects trust
pages 28-30 Post Eligibility changes Change in policy affects trust 90 day amendment periods
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pages 30-34 Trust review process
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pages 35-39 Lots of Examples
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page 57
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.201 F - page 58
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.201 F - page 58
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.201 F - pages
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.201 F - page 60
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.201 I - pages 64-65
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.201 I - pages 65-66
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.201 I - pages 66-67
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.201 I - pages 67
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.203 B - page 78
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.203 B - page 82
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.203 D - page 88 … A power of attorney (POA) is legal authority to act with respect to the assets of an individual. A pooled trust account may be established under POA given by the individual, a parent, or a grandparent.
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Hot Topics In Special Needs Trusts
New POMS, April 30, 2018 SNT Fairness Act ABLE Accounts – can clearly fund them with SNT’s - getting around ISM issues for those on SSI. Pooled Trusts over age 65 – challenges going on in Colorado and Maine. Proving “disability” in Florida. D4A’s and d4C’s for over income cases and “other” Medicaid programs How to do third party SNT’s? – stand alone (revocable or irrevocable), embedded in a RLT, under will, pooled? Self Settled Trusts that convert into d4A’s if necessary. Trigger Trusts. Decanting bad or marginal SNT’s QIT issues – works for which programs, limitations Creative uses of Pooled Trusts – paying PSK’s, buying Income Producing property, handling rental income
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Special Needs Lawyers, P.A.
Thank you. Travis Finchum Special Needs Lawyers, P.A. Clearwater, Florida SpecialNeedsLawyers.com 32
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