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All things being equal, some time ago, we discussed

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difficulties of the plight homeless...
All things being equal, some time ago, we discussed difficulties of the plight homeless veterans are facing exacerbated by the VA medical system. For educational purposes, if an acquaintance was in Florida shackled to the VA medical system for years and homeless, but on SSD disqualified from Medicaid financially, but the $15,000 PA ABLE January 2018 contribution may be a solution? Said individual also has an additional pension/annuity, thus both incomes exceed Medicaid, qualifications. However, the direct deposit of monthly SSD payments would be sheltered. Therefore, hypothetically, if an individual deposited their entire SSD income into the previous mentioned sheltered account, and there was no other income, could they not claim no income? Is there a link? Is there a resource? Is there a consumer DPA definitive rights agency able to facilitate such other than NLS?
Submitted: 8 months ago.Category: Consumer Protection Law
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12/18/2017
Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago
RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 48,860
Experience: 30 years as Texas lawyer representing consumers
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago

Anything contributed directly be it social security or other income here to PA ABLE account is exempt.

There are other Master Pooled Trusts that can do this as well.

http://www.arctrust.org/arctrust/

http://www.charitiespooledtrust.org/

MPT would operate same way.They have a preapproved trust, you have a sub account like a savings account.They have low fees and take smaller amounts to get started.You can call them and ask questions.They are nonprofits set up for such purpose to help you exempt funds and keep SSI and medicaid eligible.You don't need a lawyer to set it up because it is an existing preapproved trust.

Thanks again, let me know if you have more.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 8 months ago
I know what the IRS says pertaining to GAAP. However, Medicaid does not actually understand rationalized accounting principles. The concept of assets and income And application of expenses within this account is very vague. Anything can be yay or nay. However, can you find one sentence etc and cut and paste it indicating the SSD income could maximize in a Beneficial Way, Medicaid qualifications such as qualifying for cash assistance SNAP or if a pre-existing recipient, increasing said benefits by diverting direct deposit into said sheltered account? Please.
Customer reply replied 8 months ago
If we are dealing with the IRS, This would be so simplistic! We must Imagine we are talking to an eight year old.
Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago

he Pennsylvania ABLE Savings Program (PA ABLE) is a state-offered program that gives individuals with qualifying disabilities a tax-advantaged way to save or invest without impacting their government benefits. All federal benefits are protected, including Medical Assistance (Medicaid) and, with some limitations, Supplemental Security Income (SSI) benefits, as are many Pennsylvania benefits. As savings earn interest or returns over time, neither federal nor Pennsylvania income tax is owed; and, when a withdrawal including that growth is taken, no income tax is owed as long as the withdrawal is used to pay for Qualified Disability Expenses. PA ABLE was made possible by the passage of both federal and Pennsylvania laws – the Achieving a Better Life Experience (ABLE) acts.

An ABLE account is a financial account that is opened by or for an Eligible Individual with a Qualifying Disability. Money contributed to the ABLE account can be put in to one or any combination of seven investment options offered by the PA ABLE Savings Program. Six are Asset-Allocation Options offering varying blends of stocks, bonds, and cash – with the combinations ranging from conservative to aggressive. The seventh is an FDIC-insured interest-bearing checking account with a debit card provided through Fifth Third Bank.

While you are able to withdraw and spend your money any time for any reason, one of the best benefits of an ABLE account is being able to save over time allowing your account to grow so you can pay for more major or future disability expenses.

You may view investment option details here.

The maximum yearly contribution limit is currently $14,000. It is a per account limit; so no matter how many people contribute, the maximum per year from all sources cannot exceed $14,000. This limit is set by federal law and is tied to the amount that can be excluded from federal gift taxes (currently $14,000); so it may be increased from time to time as a result of inflation. There is also a maximum value that your account can have. Currently that is $511,758. By law, the maximum value is the same maximum that a PA 529 College Saving Account can have, which may also increase as a result of tuition inflation.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago

Will the money in my account affect my eligibility for means-tested federal or Pennsylvania benefit programs?

No federal means-tested benefits will be affected -- with the exception of some special Supplemental Security Income (SSI) limitations (see below). Your ABLE program account funds do not count against you for purposes of determining your eligibility for any federal means-tested benefits. For example, if you have $5,000 in your ABLE account, that $5,000 does not count as an asset for purposes of determining your eligibility for means-tested federal benefits programs, such as SSI or Medicaid (Medical Assistance). Similarly, funds in your ABLE account will not affect your eligibility for Pennsylvania means-tested benefits if they are health or disability related benefits or state student financial aid.

Residents of states other than Pennsylvania should check with their state benefits agency to verify that a PA ABLE savings account will not affect their home state-based benefits.

Your SSI benefits are not affected except in two situations:

  1. when the value of an ABLE account exceeds $100,000
  2. when you withdraw funds for housing or Non-Qualified Expenses and do not use the money in the same month of withdrawal

In the first situation, your SSI benefits will not be impacted as long as the amount in your ABLE account does not exceed $100,000. Any amount over $100,000 is counted as a resource. If the excess over $100,000 in your ABLE account puts you above the SSI non-ABLE resource limit (currently $2,000), your SSI benefits will be suspended but not be terminated. The suspension will not affect Medical Assistance (Medicaid) eligibility. The suspension is lifted when your resources fall below the SSI non-ABLE resource limit.

For example, if your ABLE account has $101,000 and you have no other countable resources, your SSI will not be suspended because the excess over $100,000 is only $1,000 and does not exceed the $2,000 limit. However, if your account has $101,000 and you have $2,000 in other resources, your SSI will be suspended because the $1,000 ABLE excess plus the $2,000 in other resources is $3,000 and exceeds the $2,000 limit.

It is important to remember that only the $100,000 in your ABLE account is not counted as a resource. For example, if you have $3,000 in non-ABLE assets and $90,000 in your ABLE account, your SSI benefits may be suspended then terminated and your Medical Assistance (Medicaid) benefits might be impacted because your $3,000 in non-ABLE assets exceeds the $2,000 non-ABLE resource limit. This result could be avoided by moving $1,000 in non-ABLE assets into the ABLE account if doing so would not exceed the annual contribution limit (currently $14,000).

In the second situation, money you withdraw from your ABLE account and use for housing expenses or Non-Qualified Expenses may also affect your SSI benefits if you do not spend the money within the same month you make the withdrawal. For SSI purposes, housing expenses are:

  • mortgage (including property insurance required by the mortgage company)
  • real property taxes
  • rent
  • heating fuel
  • gas
  • water
  • sewer
  • garbage removal

To avoid any impact to your SSI benefits, be sure to spend funds withdrawn for housing or non-qualified uses within the same calendar month that you withdraw the money. For example, if you withdraw $800 from your ABLE account on June 3 for rent, you should pay that money to your landlord by June 30. As long as you do not hold housing or Non-Qualified Withdrawals over from one calendar month to the next, the funds will not affect your SSI benefits. For more information on how the Social Security Administration will treat ABLE accounts, see their guidance here. [Note, while funds withdrawn for non-qualified expense will not affect your SSI if used in the same month they are withdrawn, there may be tax consequences for taking such a withdrawal.]

http://www.paable.gov/faqs/

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Customer reply replied 8 months ago
Thank you. I visited this link. Aside from estate planning, there is no mention about SNAP or the impact of direct deposit of SSD into the PA ABLE account. Again, respectfully, ***** ***** focusing upon the government, but federal and state are as different as Third World countries, so unless there is a statute on Medicaid website indicating the SSD deposit would positively improve the veterans opportunity to receive all Medicaid benefits The uncertainty would prevent this individual from going forward. Because of past disappointments.. One sentence please from a Medicaid website. More micro and less macro please. Can the SSD not be counted as an asset by Medicaid and open the way for SNAP and cash assistance? Please
Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago

Why don't you call one the Master Pooled Trusts above.They will answer all your questions, send you information and you can make a decision then.I agree there is limited information on the PA ABlE program.I can tell you the MPTs are well known in medicaid estate planning.They is a preapproved trust, it has been verified with medicaid, SSI, SSDI, etc.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago

Medicaid and SSI law permit
"(d)(4)(C)" or "pooled trusts" for beneficiaries with special needs. Such trusts pool the resources of many beneficiaries, and those resources are managed by a non-profit association. Unlike individual disability trusts, which may be created only for those under age 65, pooled trusts may be for beneficiaries of any age and may be created by the beneficiary herself.

In addition, at the beneficiary's death the state does not have to be repaid for its Medicaid expenses on her behalf as long as the funds are retained in the trust for the benefit of other disabled beneficiaries. (At least, that's what the federal law says; some states require reimbursement under all circumstances.) Although a pooled trust is an option for an individual over age 65 who is receiving Medicaid or SSI, those over age 65 who make transfers to the trust may incur a transfer penalty, depending on their state of residence. Following is a listing of pooled trusts around the nation. This list will be supplemented as we learn of additional pooled trusts.

https://specialneedsanswers.com/pooled-trust

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago

For more information about PA ABLE (the "Member Plan"), call (855) 529-ABLE(2253), they can answer questions about medicaid here and SSDI/SSI eligibility.

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Customer reply replied 8 months ago
far the answer has been elusive. A number of resources are needed on locating the answer.I have spoken with them and they do not have a definitive answer. They have a verbal answer. They do not have a written answer for Medicaid. This is the problem: finding the written regulation substantiating the verbiage. So for there is I believe what attorneys refer to as, conjecture.
Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago

I agree I do medicaid estate planning and am not convinced you won't have problems with PA ABLE.I am sure that a MPT will work here, it has certain restrictions but it cannot have too high a a balance, it won't be counted as an assets here.I have never in 30 years had a client with eligibility issues with a Special Needs Trust or MPTs. The MPTs are made for people that have small amounts of funds,A A SNT where you have say million dollar settlement would work.But if you have say $10k or less the MPT has less fees, no need for lawyer ,etc.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 8 months ago

More about the benefits of a MPT and you will not have eligibility problems with them at all they are recognized by federal law.

https://www.nolo.com/legal-encyclopedia/pooled-special-needs-trusts.html

Thanks for rating 5 stars and thanks for the followup.

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Customer reply replied 7 months ago
The link refers consumers to other attorneys and paid services. It is also Informatively overwhelming. I have been unable to find my answer. My abilities as a researcher are limited. The disabled veteran, sad to say, his father was a lawyer, and a number of lawyers assured him of housing subsidies which fell through. A lawyer also assured me the PA able account would finally enable this this reprehensible socially segregated Veteran eligible by sheltering SSD into said account. Over a additional homeless month ago, there has been no written instrument provided substantiating such from Medicaid to prove to Medicaid this quasi-salvation plan is feasible. I am neither qualified nor unqualified to disagree with anyone! It is for this very reason, I have respectfully ***** ***** a dozen people, who are lettered, I am too ignorant to argue opinions for everyone is right, so please provide a written regulation or statute because my friend, who was closer than a brother does not wish to hear a single word!. He is terribly discouraged and I need facts, not promises for one who is hopeless and homeless, urgently. This crisis was posted to, professionals, who reside in the suburbs, drive Mercedes and wear Brooks Brothers suits in which there is nothing wrong with having nice hard earned material possessions, but 22.2 veterans die per day. As a result of suicide, we know why. You and I did not create this crisis. We are just trying to find a solution for one soul.
Consumer Protection Lawyer: RayAnswers, Lawyer replied 7 months ago

Each program here has specific limitations.I can tell you that a Master Trust is exempt from medicaid and social security as well.Thats for certain.You can call any of the MPTs and ask them about their service and their fees.If the goal is to stay eligible for all teh programs the MPT is the way to go.The other one does not offer the protection of the MPT across Snap, Social Security, and Medicaid.

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Customer reply replied 7 months ago
I have spoken to half a dozen trust PMT staff. They have opinions again. There are $285 in our fees for appointments. Sometime in January, I may speak with one last individual. I have spoken with certified financial planners, who claim to have connections with homeland security, but did not provide the answer until receiving a sizable contribution which was Ill Advised per CPA in lieu their PMT, which this potential client did not immediately emotionally become seduced and closed.
Customer reply replied 7 months ago
$285 per hour attorneys offering no promises in advance
Customer reply replied 7 months ago
There is a PMT and a special needs trust. Is this correct?
Customer reply replied 7 months ago
The PMT allows greater flexibility and would this provide the maximization for the disabled veteran? Or is this opinion?
Customer reply replied 7 months ago
We begin again with maximization of Medicaid.
Consumer Protection Lawyer: RayAnswers, Lawyer replied 7 months ago

Well the MPTs don't charge to talk to you.And the Trust is preapproved.

Ones for PA

https://specialneedsanswers.com/pooled-trust

MPT is a premade trust.You have an account like savings account.You don't need a lawyer here, they are premade trusts. You can talk to these guys and ask about their fees and anything else.Give them a call and ask anything you want.

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Customer reply replied 7 months ago
Before beginning the entire exhaustive process all over again, I too do not wish to expand further mental resources for such is not a matter of wasting time, but rather it is agonizing at this point. The agony is worth the reward; please make sure this is not the wrong course. Will maximization of Medicaid pursuit, etc. realistic goal? No more stamina for mental gymnastics exhaust.
Customer reply replied 7 months ago
Cannot talk to people any longer. I can only tolerate a written confirmation. I have spoken to for too many nice people with wonderful opinions of what I need to do and what I should do and what I should not do with money. However, there is been no answer as to how to help my brother.
Consumer Protection Lawyer: RayAnswers, Lawyer replied 7 months ago

I'll opt here for others, good luck.

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Customer reply replied 7 months ago
There is always a first. I am exhausted
Customer reply replied 7 months ago
To whomever it may concern:
for almost 2 months, I have been sent to many professionals affirming option A-Z is the solution to my problem, but there is no written regulation or statute from Medicaid to provide to Medicaid confirming my loved ones SSD benefits being shelter in a said vehicle each month will now enable eligibility status for his SNAP, Medicaid, cash assistance, HUD, and permit him to be unshackled from the VA medical system! This is been my original question on the shelter for his monthly income. Initially hostile one vehicle would do it, but then financial planner said no but never a written reason why. Then up to a dozen people had a dozen different opinions but never any written regulation provide the security and peace of mind My brother demanded after repeatedly being failed.
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