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Entering Special Needs Planning from the Ground Floor

Recorded: July 15, 2014
Duration: 395 minutes
By Bradley J. Frigon, JD, CELA, Law Offices of Bradley J. Frigon and Professor Rebecca C. Morgan, JD, Stetson Law School

(This course is audio only)

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Topics Covered:

Part One (1 hour, 39 minutes)

  1. Introduction and overview of the day, review of the goals of the day.
  2. A bird’s eye view of the income programs: Social Security, Social Security Disability (SSDI), Supplement Security Income (SSI) and Veterans’ Programs. This session will explain the eligibility, coverage and benefits of the “big four” government income programs.
  3. Program Operations Manual System (POMS): what it is, where to find it, how to understand it, why you need to know it and staying current. This session will explain the POMS, their importance and everything else you never knew you needed to know about them.

Part Two (1 hour, 42 minutes)

  1. What does Special Needs Planning Really Mean? Planning for a client with special needs involves a number of issues, not just the drafting of a trust. This wrap‐up to the morning session will provide the participants with the issues that are considered and the role of a SNT in developing a plan for a client; discuss the importance of other organizations that provide assistance to clients and how to work with those organizations.
  2. A bird’s eye view of the health programs: Medicare, Medicaid, private health insurance, etc. This session will explain the eligibility, coverage and benefits of the health coverage’s programs and the implications of the Affordable Care Act for individuals with special needs.

Part Three (1 hour, 24 minutes)

  1. Self‐Settled Special Needs Trusts: This session will explain the self‐settled trusts under 42 U.S.C. 1396p (d)(4 )(A) and (C) and the elements for creating them as provided under the statute and when to use them.

Part Four (1 hour, 47 minutes)

  1. Third Party Special Needs Trusts: This session will explain third party special needs trusts, the differences between those and the self‐settled special needs trusts and when to use them.
  2. Income Tax 101: This session will explain the fundamental, and commonly encountered questions regarding the tax issues in a special needs practice, including grantor trust rules, the need for an EIN, and more.
  3. Ethical Issues: Starting at the ground floor, this session will identify ethical issues that may occur, such as client identification, fees, and fiduciaries and beneficiaries.

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