If you have a family member or someone close to you with a special need(s) and/or a disability, you may want to learn more about the many federal and state benefit programs available to him or her. Disability and special needs law for children and adults is a maze. At Hanlon Niemann & Wright, we guide and assist individuals and families looking to qualify for public benefits legally and ethically as the law permits.
Life is Tougher with a Disability
Life is hard without having a disability. The life of a person with a disability and his/her family caregiver(s) can be even more complicated, more isolated, and full of anxiety, fear, frustration, and expense. The future is less specific, especially if a caretaker is aging and/or declining in health. Caregivers do not live forever or remain healthy as they age.
Don’t Lose Out on the Services and Benefits Available to Young and Older Persons with Disabilities and Special Needs
Have you noticed that some people know all the tricks and strategies to gain benefits under state welfare and support programs, but middle-class, hardworking parents and families like you struggle to get the help needed for a loved one? It’s wrong, and it’s unfair. You have the power to change your situation because Hanlon Niemann & Wright is dedicated to helping you maximize your eligibility and approval for all available state and federal programs, services, and financial aid. At Hanlon Niemann & Wright, we represent families, parents, grandparents, guardians, powers of attorney, and other interested persons seeking experienced legal counsel. Contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com to schedule a face-to-face discussion about how we can assist you. As a father of four children (now adults), Mr. Niemann understands the importance of planning. You’ll find him really easy to talk to and genuinely interested in helping you. Call or email him today.
Support Person Permitted to Accompany a Person with a Disability Who Needs to Be Hospitalized
The Commissioner of the Department of Health issued a very important memorandum to New Jersey Hospitals. It is important because it instructs hospitals to allow a designated support person to accompany a person with a disability who is being hospitalized. The support person has to be someone who does not have symptoms of COVID-19. The hospitals are also instructed to supply Personal Protective Equipment to the support person as appropriate. Hospitals are permitted, but not required, to allow a second support person.
This is extremely important. If your loved one with a disability has difficulty communicating, or is in the midst of a mental health crisis, they do not have to be alone. This is an important exception to the limitations on visitors at our hospitals.
This instruction applies to anyone with a disability that, “May be due to altered mental status, intellectual or cognitive disability, communication barriers or behavioral concerns.”
If you have a loved one with a disability who has been hospitalized, and they do not have a support person with them, contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com to discuss your family member’s right to be accompanied by a support person while they are hospitalized.
Let’s Work Together to Achieve a Terrific Result
Millions of Americans and thousands of NJ families have members with special needs and/or disabilities. These disabilities can be physical, intellectual, emotional, and/or psychological.
Even if you don’t have a family member with a disability, you likely know many families and individuals who do.
Understanding New Jersey and Federal Disability Laws, Programs, and Benefits
If a person is eligible for Supplemental Security Income (SSI), Medicaid, DDD, PPP, Social Security Disability (SSD), and other benefit program(s) (i.e., Section 8 housing, group housing, food stamps, prescription drug assistance, health insurance), you need to act now. Funding and wait lists exist for many programs, so don’t delay.
Discovering the State Agencies with the Authority to Act
There are three principal agencies for services under NJ law: the Division of Developmental Disabilities (DDD), the Division of Mental Health and Addiction Services (DMHAS), and the Department of Children and Families (DCF). They serve different individuals.
Individuals who qualify under DDD or DMHAS are person(s) with a developmental disability, person(s) with an intellectual disability, person(s) with a health condition or a diagnosis of mental disorder, individuals diagnosed with disabling anxiety, depression, bipolar, borderline personality disorder, schizo-affective disorder, schizophrenia, and other similar mental disorders can also be eligible for services in New Jersey.
TESTIMONIAL
From start to finish, the entire experience of the “dreaded” estate planning and especially preparing our special needs child trust agreement, went so smoothly. That is thanks to the professionalism and dedication of Mr. Niemann and his excellent staff.
Mr. Niemann, with the help of Lucille and Michele, guided us with sound advice and answered every question that arose (and there were many!) with the utmost patience, sensitivity, and always with a smile on their faces. Thank you from the bottom of our hearts!
We will be counting on all of you to help us obtain guardianship of Hannah next year!
—Sharon Arafa, Cliffwood, NJ
To Better Understand Public Benefits Law, You Need to Understand “Means-Tested” Programs
The government benefit program(s) your loved one may qualify for often introduce significant complexity. This is because there are multiple public benefit programs, each with its own eligibility rules. While an extensive examination of these programs is beyond the scope of this page, it is essential to understand that this complexity is found in the regulations and guidelines that govern public benefit laws.
Eligibility for Means-Tested Programs
Level of Care / Medical Eligibility
As a practical matter, the first test to pass is the physical and/or cognitive requirement established for program eligibility. Simply put, a person must medically “need” the public benefits for which they apply. This is known as the medical eligibility test. In the following discussion, I assume that medical “eligibility” for benefits is not an issue and therefore will examine only financial eligibility. But I caution you, proof of medical eligibility is and always will be the threshold proof required to obtain services and benefits successfully. If you have questions about medical eligibility, we can meet to evaluate it as well.
TESTIMONIAL
Mr. Niemann has been a Godsend to my family and me. He has met with me many, many times with patience, sensitivity, and understanding that few people expect from an attorney. My family issues are complex, and Mr. Niemann understands what I want to happen to my estate upon my death, especially for my adult, incapacitated child and other adult children. He created a special trust for my son. He has followed up with me to help me make decisions without imposing his opinions. In the end, he told me, “Jerri, my job is to explain your choices and help you understand the legal effect of those choices.”
He guided me and put me at ease. He wanted me to make the right decisions for myself. I am thankful for Mr. Niemann being my attorney, and I recommend him to elderly persons who seek a qualified professional who will treat them with dignity, respect, and sensitivity.
—Jeraldine Vincitore, Freehold, NJ
Please accept my sincere thanks to your law firm and your staff for all your patience and assistance in helping my sister and me through the tangled legal jungle in preparation for my sister’s special needs. We would have been lost without you.
— Ginny Ditzel, Snow Camp, NC
You Can Create Legal Documents to Protect a Disabled Individual and Allow Them to Be Financially Secure and More Independent
There are many reasons to create a plan for the benefit of a special needs and/or disabled person. It will be my pleasure to explain them to you face-to-face. Here are some of the benefits I explain to clients when they come to see me. I have bullet-pointed them for you here, and then I go on to explain each point in much greater detail on the following pages.
Below, I Have Highlighted the Benefits of a Customized Plan to Improve the Quality of Life of a Disabled Person
- The person with the disability will keep his/her income (SSI or SSD) and health care benefits, including Medicaid and Medicare.
- Money can be used to pay for personal items and services not covered by public benefits.
- Money can be used to pay for a doctor, dentist, therapist, and other professionals who do not accept Medicaid, or for the services, co-pays, and deductibles not covered by Medicare A & B & Medicaid.
- Parents and grandparents can control how, when, and where money goes to their loved one with a disability while he or she is alive and even after their passing. Otherwise, the only alternatives left are (1) give nothing to the child; (2) leave money to a pooled trust; or (3) leave money that is not in a public benefits qualifying trust, causing the loss of public benefits.
- Numerous programs exist to enhance a disabled person’s day-to-day quality of life. A plan can help achieve this improved quality of life.
Understanding Financial Eligibility for Benefits and Services
Be Sure to Achieve Financial Eligibility
In addition to meeting a “Medical” Eligibility test, all New Jersey “means-tested” government-assisted programs have resource limits that place caps on the individual’s assets and/or income. While the income cap varies by program, the resource cap is generally $2,000.00. Certain assets, such as the individual’s home and automobile, are usually not counted as available resources when determining eligibility. Most other assets and “things” of value are counted, including funds and resources that can be spent down to pay for medical care and services. This includes property held in restricted accounts that cannot be accessed without a court order. Without careful planning, the individual with too much income or resources will need to spend down everything and then apply for, or reapply to, government benefit programs. We can avoid this forced spend down by creating the right plan for you and drafting the appropriate legal documents.
Traditional Trusts Are Treated as an Available Resource for Determining Benefit Eligibility in New Jersey
As a general rule, assets held in most traditional savings and investment accounts and in revocable trusts will be counted as available resources by the government. If the government considers a resource available, it becomes very difficult for individuals and their families who want to plan for future needs. It doesn’t have to be this way!
Beware: Use of a Revocable Trust in New Jersey Equals Disqualification for Many Public Benefits
Since the individual or trustee retains the legal authority to alter the terms of the trust and/or can revoke a trust instrument, a revocable trust is treated no differently than any other available asset, such as cash in the bank. For example, an individual’s revocable trust will be treated no differently than his or her savings or checking account. This is why Fredrick P. Niemann, Esq. typically does not recommend funding revocable living trusts for the benefit of a person with a disability who could otherwise qualify for a public benefit program while the settlors or beneficiary are/is alive.
Beware: The Incorrect Use of an Irrevocable Trust in New Jersey Also Equals Disqualification
Since the disabled/special needs individual does not retain legal authority to revoke the trust, irrevocable trusts are treated differently from a revocable trust. The specific language in the trust must be carefully reviewed and evaluated. Tight restrictions on how trust funds can be spent must be included in these trusts to avoid the loss of benefit eligibility. However, with the right approach, we can preserve eligibility for government benefit programs and improve the quality of life of the person with a disability through a well-written irrevocable trust.
Here’s a Question: Can any portion of a Revocable or Irrevocable Trust be used for the individual’s benefit?
The Potential for Payments to the Disabled Person is a Real Problem
If any payment can be made, or must be made, either to the individual or for the benefit of the individual, the portion of the payment that could be paid or must be paid will be considered an available resource by the government. That means loss of eligibility. If your document(s) contain such language, you need this corrected immediately.
Avoid at All Costs: Actual Payments to the Disabled Person
Direct cash payments made to the individual will be considered income to the individual, and the income restriction rules will apply. This also means… ineligibility or a meaningful reduction of financial payments and benefits.
SOUNDS SCARY!! DOESN’T IT? IF SO, CALL OUR OFFICE TODAY.
I know I covered a lot of information with you. It’s confusing and probably overwhelming. We understand. We’re here to help, but you need to contact me personally to discuss your personal situation. Call me at (732) 863-9900 or e-mail me at fniemann@hnlawfirm.com. Our offices are conveniently located off South Street in Freehold, NJ.
Fredrick P. Niemann Esq.
Special Needs and Disability Attorney serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Camden County, Mercer County, Middlesex County,
Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County