Though the vast majority of America’s 2.6 million children with special needs will need costly care long after their parents have passed away, few parents are prepared for that day.  New research sponsored by The Hartford Financial Services Group, Inc. has found that three in five (62%) parents of children with special needs have no plan to cover the cost of caring for the child when they no longer are able to do so.  And those that do have a plan often make mistakes that may disqualify their child for government services on which they now depend.

Of parents with a plan, only 42% are confident it will cover their child’s lifetime needs. The most common strategy (65%) used to cover the anticipated cost of care was life insurance.  The vast majority of parents (85%) with a child under five have life insurance. But just 46% with a child between the ages of 13-18 have a life insurance policy, despite the fact that a child’s needs may be as great or greater as an adult. Among those with a life insurance policy, 51% do not know that during the child’s lifetime they may access the accumulated cash value in a permanent policy to cover some of the cost of their child’s special needs and 72% of those who are aware they can do this do not take advantage of it.

Even parents with a plan for their child made costly mistakes. Half of all parents of children with special needs plan to leave money directly to their child and even more (58%) name their child as a beneficiary, either of which could possibly disqualify the child for critical government benefits and services.  In addition, only a quarter of the parents have established a special needs trust to provide for supplemental needs and expenses of the child, while not disqualifying the individual from receiving government benefits.  These missteps likely occurred because only 16% of parents with a plan created it with the help of an attorney.

Parents should take these four steps to help ensure their special needs child is protected:

1. Work with a Financial Professional to develop a plan capable of funding a lifetime of support for your special needs child, over and above what the government will provide.

2. Establish a special needs trust to protect the assets and to ensure the child will qualify to receive government benefits and services.

3. Speak with the person you want to be your child’s guardian so they fully understand the commitment and are willing to take on the obligation.

4. Buy a permanent life insurance policy to cover the anticipated cost of care.

Parents often assume they have to amass a big savings account to cover expenses, which can easily amount to hundreds of thousands of dollars over the course of their child’s lifetime, when individual life insurance can provide a more affordable strategy.

Although the typical Social Security Disability Insurance (SSDI) recipient has worked for a fairly long time before the onset of his/her disabling condition, an adult who became disabled before turning 22 can also qualify for SSDI if she/he has a parent who meets certain qualifications.

SSDI is a federal program primarily designed to aid people who have become disabled after having worked for a certain amount of time. Unlike Supplemental Security Income (SSI), SSDI is not a needs-based program, which means that there are no income and asset restrictions. Instead, a beneficiary typically has to have paid into the Social Security system for at least 10 years prior to his disability. An SSDI benefit depends on the beneficiary’s income before he/she became disabled, the size of his/her family, and the amount he/she paid into the Social Security system. Finally, SSDI recipients can receive Medicare two years after qualifying for SSDI.

Most people who have a serious disability before turning 22 are not able to assemble the necessary work record to qualify for SSDI on their own. But people in this situation may instead be able to qualify for SSDI on their parents’ work record, in certain situations.

First, the “adult disabled child” (the Social Security Administration’s (SSA) term for a person with a disability that manifested itself before age 22) must be completely disabled according to the SSA’s adult disability standards. Second, the disability must have occurred before the potential beneficiary turned 22. Third, the potential beneficiary’s parent must have paid into the Social Security system for the required number of quarters. Finally, and most importantly, the potential beneficiary’s parent must be either dead, permanently disabled, or receiving Social Security retirement benefits.

If an adult disabled child and her parent meets all of these qualifications, then the “child” should be able to receive a substantial benefit, often greater than an SSI award. On top of the monetary gain, the child does not have to worry about her/his own unearned income or assets, since SSDI does not take these into account. However, if a child earns enough income through employment, the SSA may determine that she is no longer disabled and cancel her SSDI benefits. The parent’s own retirement benefits are not affected by their child’s receipt of SSDI, and the child can still qualify for SSI benefits if her SSDI payments, which count as unearned income for SSI purposes, do not disqualify her/him.

Parents who have not begun to receive their own Social Security income but who think that their child may qualify for SSDI in the future may want to have their child screened by the Social Security system for his disability before he reaches age 22. If this is not possible, it pays to have the child’s physician clearly document all of the information surrounding the child’s disability from as early an age as possible. This way, when the parent does retire, the child has a long record showing the presence of the disabling condition before he/she turned 22, making the SSDI application easier.

Attorney Sheri Abrams can explain the rules for applying for SSDI and can give your family guidance if you think your child may qualify in the future.

For the first time in more than three decades, recipients of Social Security benefits (including Social Security Disability benefits) will not get any increase in their benefits next year, federal forecasts show.

Across the United States, people with disabilities with the lowest incomes faced an extreme housing affordability crisis as rents for moderately priced studio and one-bedroom apartments soared above their entire monthly income. The national average rent for a one-bedroom unit climbed to $749 per month in 2008 – higher than $667, the average monthly income of over 4 million people with disabilities.
These shocking statistics are some of the important findings included in Priced Out in 2008 – a study of the severe housing affordability problems of people with disabilities who must survive on incomes far below the federal poverty line.  The study compares the federal Supplemental Security Income (SSI) payments of people with serious and long-term disabilities to U.S. Department of Housing and Urban Development (HUD) Fair Market Rents for modestly priced rental units.  Priced Out is published every two years by the Technical Assistance Collaborative (TAC) and the Consortium for Citizens with Disabilities (CCD) Housing Task Force to shine a spotlight on our nation’s most compelling – and least understood – housing affordability crisis.
In 2008, 219 housing market areas across 41 states had modest one-bedroom rents that exceeded 100 percent of monthly SSI, including 25 communities with rents over 150 percent. Between 2006-2008, the number of market areas with modest rents higher than SSI rose from 164 to 219 – a 34 percent increase.
Perhaps the most shocking revelation in Priced Out in 2008 is that since 1998 when the first edition of Priced Out was developed, the amount of monthly SSI income needed to rent a modest one-bedroom unit has risen an astonishing 62 percent from 69 percent of SSI in 1998 to 112.1 percent of SSI in 2008.

As stated by Congressman Barney Frank in the Foreword to Priced Out, “The lack of adequate housing is a serious obstacle to a decent life for anyone. It can be particularly troublesome for people dealing with disabilities, for whom the physical and emotional stress of a lack of decent shelter are added burdens for people already doing their best to deal with difficulty.”
While some progress has been made by Federal officials responding to creating additional affordable housing resources, a bolder action is essential to inaugurate a new era in housing policy that places the housing needs of people with disabilities within the mainstream of national housing policy.

TAC and the CCD Housing Task Force urge the federal government to take the following actions:

Enact Section 811 legislation that will create at least 5,000 new units of permanent supportive housing each year.

Provide 10,000 new Housing Choice Vouchers for People with Disabilities in HUD’s annual budget.

Support the Administration’s proposal to appropriate at least $1 billion in funding for the National Affordable Housing Trust Fund.

Remove Barriers to Permanent Supportive Housing in the LIHTC Program.

Facilitate a Coordinated Disability Housing Policy Across the Federal Government.

Reinvigorate Fair Housing Enforcement.
By implementing these recommendations, the federal government will send a powerful message of inclusion to state and local communities, along with the housing resources necessary to finally begin to achieve the vision of community integration for people with disabilities first articulated almost 20 years ago through the ADA.
A copy of Priced Out in 2008 can be found online at http://www.tacinc.org/pubs/pricedout/2008.html. For more information about Priced Out, please contact Emily Cooper at ecooper@tacinc.org or (617) 266-5657 x123.

As the economy worsens, incidences of financial abuse on the disabled are reportedly on the rise. The disabled are particularly vulnerable to scams or to financial abuse by family members in need of money. A recent study found that up to one million disabled Americans may be targeted yearly.  Family members and caregivers are the culprits in 55 percent of cases, although financial losses are higher with investment fraud scams.

While it is impossible to guarantee that an disabled loved one is not the victim of financial abuse, there are some steps you can take to reduce the chances.  One option is to have more than one family member involved in caring for the loved one.  You can also encourage the disabled person to get involved in community activities to ensure he or she has a wide range of support. Using direct deposit as much as possible is also helpful, especially of their Social Security Disability benefits. And of course you should always screen caregivers carefully and verify references.

Financial abuse can be very difficult to detect. The following are some signs that a loved one may be the victim of this kind of abuse:

The disappearance of valuable objects;
Withdrawals of large amounts of money, checks made out to cash, or low bank balances;
A new “best friend” and isolation from other friends and family;
Large credit card transactions;
Signatures on checks look different;
A name added to a bank account or newly formed joint accounts; and
Indications of fear of caregivers.

If you suspect someone of being financially abused, there are several actions you can take:

Report the crime by calling your local Adult Protective Services and state attorney general’s office.

File a police report.
Explore options at your local court. The court can intervene if someone in the family is misusing a power of attorney or their role as guardian or conservator.

Contact advocacy organizations.

State laws vary, but some may be available to get restitution for breach of fiduciary duties.
Try to get a temporary restraining order from a court while building your case.

Michael J. Astrue, the Commissioner of Social Security, says benefits for tens of thousands of people with disabilities are being delayed by furloughs and layoffs of state employees around the country.  State officials have announced furloughs, layoffs and hiring freezes to help balance budgets battered by the recession.

Claims are evaluated by state employees, but the federal government reimburses states for the salaries of those employees and pays the full cost of benefits for people found to be disabled.

“We pay the full freight,” Mr. Astrue said. “States do not save any money when they furlough or lay off these employees. They only delay payments to disabled citizens who rely on the monthly benefits.”

The cutbacks come as disability claims are rising because of high unemployment, the weak economy and the aging of the baby boom generation.

The Social Security Administration expects nearly 3 million new disability claims this year, up from 2.6 million in 2008. Each month the agency pays $12 billion in disability benefits to more than 13 million people.

The Social Security system is so clogged with disputed disability claims that some people wait years for hearings.  The stimulus bill signed by President Obama in February provided $500 million to “reduce the backlog of disability claims.”

But the impact of such spending could be offset by state cutbacks.  In a report last month, Patrick P. O’Carroll Jr., the inspector general of the Social Security Administration, said that at least five states accounting for 15 percent of all disability cases – California, Connecticut, Maryland, Massachusetts and Oregon – had decided to furlough some disability workers, freeze hiring or impose other restrictions. Social Security officials said about 10 other states were taking or considering similar actions.

The agency said it was looking for ways to avoid the delays. The federal government could, for example, take over work performed by the states, but such a change could probably not be made without action by Congress.

Once you become eligible for Medicare, you will be inundated with offers from insurance companies for Medigap (supplemental insurance) policies.  Sorting through these offers can be confusing.  Not only are there 12 standardized plans, but there can be huge differences in premiums between companies.

Medicare plans A and B cover only a portion of medical costs.  Medigap policies are designed to fill in the “gaps” in coverage. The first step is to figure out what coverage you will need. The government created 12 standardized plans (Plans A through L).  Plans in Massachusetts, Minnesota, and Wisconsin have some extra options, so if you live in those states, check with the state department of insurance to find out the differences.
If you regularly see doctors who charge above what Medicare pays, Plans F, G, I, or J which cover excess charges, may be the right plan for you.
If you regularly travel outside the United States, Plans C, D, E, F, G, H, I, and J include coverage for this.
If you have a chronic condition with high medical bills, Plan K or L may work best. Both pay only a portion of covered expenses, but have a yearly out-of-pocket cap on medical expenses. Once you reach the cap, the policy pays 100 percent of all further medical services.

Once you’ve decided what type of coverage you need, the next step is to decide which company to buy from. Each plan covers the same medical services, but premiums can vary significantly from company to company. The companies use three different methods to set premiums: attained age, issue age, or community.

Attained-age policies set the premium based on your age, so the premium automatically increases as you get older. Before buying an attained age policy, check with the insurance company to get the premium costs for the next age increments, so you’ll know the level of increases to expect each year.
Issue-age policies set the premium at the age you first buy the policy. The premium will never be higher than the amount the company is charging new buyers at the same age. For example, suppose you buy the policy at age 65. In five years, the premium will be the amount the company is charging new 65-year-old buyers. While your premiums may increase, the increases may not be large because the company will keep premiums lower to attract new buyers.
Community policies charge the same price to everyone in your area regardless of your age. The premiums go up only when the insurance company raises premiums on all policies of the same type. These increases are regulated by state insurance departments.

While the premiums on an attained-age policy may be lower at first, it is generally better to buy an issue-age or community policy, which may be more expensive at first but doesn’t increase as much over time.

Following are some other things to keep in mind when choosing a policy:

Look for a company that has arranged to file Medigap claims automatically. Companies that offer automatic filing of claims with Medicare can save time and effort.
It is a good idea to purchase from a financially sound company. Make certain that the insurer is rated in the top two categories by one of the services that rates insurance companies, such as A.M. Best or Weiss.
Contact your state insurance department to find out if the insurance company has any complaints filed against it.

We all know we are supposed to do estate planning, but not all of us get around to it.   So what happens if you don’t have a will when you die.  Your estate will be distributed according to state laws, which may or may not be the way you want it to be distributed.

Dying without a will is called dying “intestate.” Each state has laws that determine what will happen to your estate if you don’t have a will.  If you are married, most states award one-third to one-half of your estate to your spouse, with the rest divided among your children or, if you don’t have children, to other living relatives such as your parents or siblings.  If you are single, most states provide that your estate will go to your children or to other living relatives if you don’t have children. If you have absolutely no living relatives, then your estate will go to the state.

Note that any jointly held assets, such as bank accounts or houses, will go directly to the co-owner. In addition any life insurance policies or retirement accounts will go directly to the beneficiary designated on the account. And if you have a trust, any assets in the trust will go to the beneficiary designated in the trust.

One purpose of a will is to name a guardian for your young children; if you do not have a will, the court will determine who will act as guardian. The court will also appoint the person who will administer your estate. In addition, if you are unmarried, but have a partner, your partner will not inherit anything from your estate without a will naming him or her as a beneficiary.

The best way to ensure your estate is distributed the way you want it, is to plan your estate with an experienced Attorney such as Sheri Abrams.