Indiana Living Trust with Provisions for Disability
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How to fill out Living Trust With Provisions For Disability?
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FAQ
The first $20 of income received each month is not counted. In addition, with respect to earned income, the first $65 each month is not counted, and one-half of the earnings over $65 in any given month is not counted.
The SSDI program does not limit the amount of cash, assets, or resources an applicant owns. An SSDI applicant can own two houses, five cars, and have $1,000,000 in the bank. And the SSDI program doesn't have a limit to the amount of unearned income someone can bring in; for instance, dividends from investments.
SSDI is not a needs-based benefit. If you are on that program for two years, you will also qualify for Medicare. Because SSDI is not needs-based, a special needs trust is not necessary to qualify for it.
A Trust can protect a disabled person who could otherwise be vulnerable to financial abuse or exploitation from others. The Trust offers a means of managing money or other assets for a disabled person, which is invaluable if they are unable to do this themselves.
Basically, a special needs trust is a discretionary trust designed to preserve governmental benefits for a disabled or aged beneficiary. Distributions from the special needs trust are supposed to supplement public benefits, not supplant them.
Unlike SSI, there are no income or asset limits for SSDI eligibility. Instead, to qualify for SSDI, enrollees must have a sufficient work history (generally, 40 quarters) and meet the strict federal disability rules. SSA uses the same rules to determine disability for both the SSI and the SSDI programs.
HOW DOES MONEY FROM A TRUST THAT IS NOT MY RESOURCE AFFECT MY SSI BENEFITS? Money paid directly to you from the trust reduces your SSI benefit. Money paid directly to someone to provide you with food or shelter reduces your SSI benefit but only up to a certain limit.
Using a will trust can help you to look after a disabled relative in the future so that it does not affect their benefits. If your loved one is vulnerable or lacks capacity, a will trust can also help: protect them from the risk of financial abuse. support them if they need someone to manage their money.
The money simply replaces state-funding benefits and services until their fund drops below the excluded capital level, when they go back on to means-tested benefits. A Vulnerable Beneficiary Trust or Disabled Person's Trust can be a way of ringfencing the windfall so that means-tested benefits are not affected.
In order to qualify as disabled, the beneficiary must meet the IRS definition under IRC 72(m)(7) which states, For purposes of this section, an individual shall be considered to be disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental