eConference
2019 Special Needs Trusts eConference
Contains material from Mar 2019
2019 Special Needs Trusts eConference
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The 15th Annual Changes and Trends Affecting Special Needs Trusts brings together nationally recognized professionals in the SNT field, features the latest updates and hot topics, and offers a great set of materials including sample forms, drafting tips, sample language, and resources. This year’s program includes:
- An overview of special needs trusts, including an examination of different types of SNTs—third-party, self-settled, and sole benefit SNTs—and their potential uses and benefits.
- Case law and legislative updates.
- A special presentation from the SSA’s Regional Trust Leads with must-have insight on the review process; plus tips on submitting your trust review for approval and avoiding the appeal.
- Considerations and best practices in working with ABLE programs across the country.
- Discussion on the increasing importance of preparing Medicaid assessments and appeals, and advice for navigating that process.
- An examination of trustee obligations and best practices, including an opportunity to ask your questions during an “Ask the Experts” portion of the panel.
- A variety of other SNT essentials, including trust reformation do’s and don’ts, divorce actions and SNTs, understanding SSI work incentive programs and CLASS, and more.
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1.
Maximizing Public Benefits (Mar 2019)
H. Clyde Farrell, Christina Lesher
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Session 1
—61 mins
Maximizing Public Benefits (Mar 2019)
Make note of top tips for establishing and maintaining public benefits, especially SSI, Medicaid, Medicare Savings Programs, Disabled Adult Child; and an update on the latest and greatest recent changes in public benefits.
Originally presented: Feb 2019 Special Needs Trusts
H. Clyde Farrell,
Farrell, Burdett & Johnson PLLC - Austin, TX
Christina Lesher,
The Law Office of Christina Lesher, PC - Houston, TX
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2.
Special Needs Trusts Overview and Third-Party SNTs (Mar 2019)
Randy Drewett
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Session 2
—45 mins
Special Needs Trusts Overview and Third-Party SNTs (Mar 2019)
An overview of Special Needs Trusts, defining the different types of SNTs and explaining how these trusts are used to benefit individuals with disabilities. Special emphasis is given to how Third-Party SNTs are utilized in both lifetime and testamentary estate planning.
Originally presented: Feb 2019 Special Needs Trusts
Randy Drewett,
Attorney at Law - Beaumont, TX
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3.
Self-Settled SNTs (Mar 2019)
Elisa Dillard Rainey
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Session 3
—44 mins
Self-Settled SNTs (Mar 2019)
Balancing the needs and managing the expectations of beneficiaries, courts, trustees, personal injury attorneys, ad litems and beneficiaries’ families, all while meeting the requirements of the Social Security Administration and HHSC can be a monumental task. Gain insight in the complexities of drafting self-settled trusts and navigating the relationships of the parties involved.
Originally presented: Feb 2019 Special Needs Trusts
Elisa Dillard Rainey,
Rainey & Rainey, Attorneys at Law LP - Waco, TX
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4.
The (c)(2)(B)(iii) Sole Benefit SNT (Mar 2019)
Marilyn G. Miller
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5 pgs
Session 4
—24 mins
The (c)(2)(B)(iii) Sole Benefit SNT (Mar 2019)
Discuss what to look for when using this “cousin” of the (d)(4)(A) trust for sanction-free Medicaid transfer planning.
Originally presented: Feb 2019 Special Needs Trusts
Marilyn G. Miller,
Marilyn G. Miller, Attorney at Law - Dripping Springs, TX
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5.
30 More Apps in 30 Minutes (Mar 2019)
Leah Cohen, Michael J. Curran
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Session 5
—29 mins
30 More Apps in 30 Minutes (Mar 2019)
Hear an updated survey of new, useful apps, and tech tips for lawyers, trust officers, and caregivers.
Originally presented: Feb 2019 Special Needs Trusts
Leah Cohen,
arrangeCARE - Austin, TX
Michael J. Curran,
Michael Curran, PC - Austin, TX
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6.
Pooled Trusts: A Creative Solution for Thorny Problems (Mar 2019)
Haley D. Greer
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Session 6
—24 mins
Pooled Trusts: A Creative Solution for Thorny Problems (Mar 2019)
Situations come up where a traditional special needs trust isn’t the best option and Pooled Trusts can provide a beneficial alternative. Not sure if there is a trustee available? Too much for an ABLE account? No viable family members available to serve? Pooled Trusts can serve as a your solution! Learn about the creative solutions The Arc of Texas and other pooled trusts can provide.
Originally presented: Feb 2019 Special Needs Trusts
Haley D. Greer,
The Arc of Texas - Austin, TX
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7.
Case Law and Legislative Update (Mar 2019)
Mary Alice Jackson
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Session 7
—48 mins
Case Law and Legislative Update (Mar 2019)
An analysis of recent Texas, regional, and national cases involving special needs trusts.
Originally presented: Feb 2019 Special Needs Trusts
Mary Alice Jackson,
Mary Alice Jackson, P.C. - Austin, TX
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8.
A View from the HHSC (Mar 2019)
Shari L. Nichols, Leslea Tate Pickle
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Session 8
—27 mins
A View from the HHSC (Mar 2019)
A discussion of current issues and trends from the Texas Health and Human Services Commission.
Originally presented: Feb 2019 Special Needs Trusts
Shari L. Nichols,
Texas Health and Human Services Commission - Austin, TX
Leslea Tate Pickle,
Texas Department of Health and Human Services - Austin, TX
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9.
SNT Practitioner and ABLE Programs: Working Together (Mar 2019)
Tresi Weeks, Stephen W. Dale, Linda Fernandez, Doug Jackson
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Paper
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7 pgs
Paper
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16 pgs
Paper
(pdf)
14 pgs
Session 9
—61 mins
SNT Practitioner and ABLE Programs: Working Together (Mar 2019)
With many ABLE programs now available across the nation, how does an SNT Practitioner know which one(s) to work with and how to gain the best advantages for you and your client? Hear the perspectives of ABLE experts as they answer questions about the considerations and best practices for SNTs and ABLE plans to work together.
Originally presented: Feb 2019 Special Needs Trusts
Tresi Weeks,
The Weeks Law Firm, PLLC - Plano, TX
Stephen W. Dale,
The Dale Law Firm, PC - Pacheco, CA
Linda Fernandez,
Texas Comptroller of Public Accounts - Austin, TX
Doug Jackson,
STABLE Accounts - Columbus, OH
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10.
Trust Reformation in Texas: The Do's and Don'ts, Hows and Whys, Whens and When Nots for Trust Reformation (Mar 2019)
Bryn A. Poland
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5 pgs
Session 10
—25 mins
Trust Reformation in Texas: The Do's and Don'ts, Hows and Whys, Whens and When Nots for Trust Reformation (Mar 2019)
Confusion abounds about the differences between trust modification, trust amendment, and trust reformation. Learn about trust reformation, how to do it, and when to do it.
Originally presented: Feb 2019 Special Needs Trusts
Bryn A. Poland,
Mayo & Poland PLLC - Baytown, TX
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11.
Medicaid Appeals (Mar 2019)
Christina Lesher, Peter Thomas Hofer, Hannah Mehta
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Session 11
—65 mins
Medicaid Appeals (Mar 2019)
Medicaid has gone to managed care for medically fragile children and adults over the age of 21. This change in how services are delivered impact how our clients access care, and their ability to qualify medically for the benefits. Hear a discussion of denials based on medical necessity, and learn how practitioners can prepare their clients for assessments and appeals.
Originally presented: Feb 2019 Special Needs Trusts
Christina Lesher,
The Law Office of Christina Lesher, PC - Houston, TX
Peter Thomas Hofer,
Disability Rights Texas - Austin, TX
Hannah Mehta,
Protect Texas Fragile Kids - Dallas, TX
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12.
Supplemental Security Income: It’s All About Work! (Mar 2019)
Sara Kendall, Patricia F. Sitchler
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Session 12
—50 mins
Supplemental Security Income: It’s All About Work! (Mar 2019)
The amount of SSI one receives when working is determined by a formula, and Medicaid continues until a recipient earns significant income. Understanding the work incentive programs associated with SSI that allow the recipient informed choice about how to manage employment opportunities, SSA disability cash, and medical benefits lead to successful employment outcomes.
Originally presented: Feb 2019 Special Needs Trusts
Sara Kendall,
Texas Workforce Commission - Vocational Rehabilitation Division - Austin, TX
Patricia F. Sitchler,
The Law Office of Patricia Flora Sitchler - La Vernia, TX
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13.
The Working Medicaid Waiver Recipient (CLASS) (Mar 2019)
Nehtra Davis, Patricia F. Sitchler
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Session 13
—20 mins
The Working Medicaid Waiver Recipient (CLASS) (Mar 2019)
There are times when an individual may have CLASS but not SSI. Explore the ways to work in the workforce while maintaining CLASS eligibility.
Originally presented: Feb 2019 Special Needs Trusts
Nehtra Davis,
Texas Health and Human Services Commission - Austin, TX
Patricia F. Sitchler,
The Law Office of Patricia Flora Sitchler - La Vernia, TX
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14.
A Walk through the POMS: Section by Section Updates (Mar 2019)
Stephen W. Dale, Renée C. Lovelace
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Session 14
—44 mins
A Walk through the POMS: Section by Section Updates (Mar 2019)
Review and explore how to search for specific issues in the Social Security Administration’s (SSA) Program Operations Manual System (POMS), which is the operational reference used by SSA staff to conduct SSA's daily business. The presentation will also examine the POMS that are specific to special needs trusts, with a special focus on recent revisions that were issued March of 2018.
Originally presented: Feb 2019 Special Needs Trusts
Stephen W. Dale,
The Dale Law Firm, PC - Pacheco, CA
Renée C. Lovelace,
The Lovelace Law Firm, P.C. - Austin, TX
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15.
SSA Regional Trust Leads Presentation Regarding SSI Trusts (Mar 2019)
Amanda Flood, Dana Marquez
1.00
0.00
0.00
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Session 15
—61 mins
SSA Regional Trust Leads Presentation Regarding SSI Trusts (Mar 2019)
A discussion with the Regional Trust Leads on the regional centralization of the SSI trust review business process, including the effect of updated trust policy on trust reviews. In addition, hear about the types of trust cases that require second-level review, drafting errors, and statistics regarding the number of trust cases SSA processes.
Originally presented: Feb 2019 Special Needs Trusts
Amanda Flood,
U.S. Social Security Administration - Dallas, TX
Dana Marquez,
U.S. Social Security Administration - Dallas, TX
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16.
Working with SSA: Tips on How to Avoid the Appeal (Mar 2019)
Pi-Yi Mayo
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Session 16
—43 mins
Working with SSA: Tips on How to Avoid the Appeal (Mar 2019)
Gain tips on how to submit your trust for review so that you can get it approved and avoid a need for an appeal.
Originally presented: Feb 2019 Special Needs Trusts
Pi-Yi Mayo,
Mayo & Poland PLLC - Baytown, TX
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17.
Outstanding Debts vs. Medicaid Payback: Does Death Kill the Debt? (Mar 2019)
Scott Stebler, Sarah Sulak
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0.75
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Session 17
—42 mins
Outstanding Debts vs. Medicaid Payback: Does Death Kill the Debt? (Mar 2019)
Discuss how a trustee should handle a variety of claims, debts, or expenses of the trust, or of the deceased beneficiary, before Medicaid payback. Can a trustee pay for funeral expenses, outstanding caregiving expenses, legal expenses, reimbursements to family members, etc. before reimbursing state Medicaid agencies, or does Medicaid reimbursement trump all?
Originally presented: Feb 2019 Special Needs Trusts
Scott Stebler,
Stebler & Sulak, PLLC - Austin, TX
Sarah Sulak,
Stebler & Sulak, PLLC - Austin, TX
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18.
Divorce Actions and SNTs (Mar 2019)
Mary Alice Jackson, Keith D. Maples
1.00
0.00
0.00
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Slides
(pdf)
7 pgs
Session 18
—56 mins
Divorce Actions and SNTs (Mar 2019)
Explore what to expect when counseling clients and/or their children with disabilities when parents’ divorce, and when alimony or child support awards place public benefits in jeopardy. What do the courts think? What are the SSA rules?
Originally presented: Feb 2019 Special Needs Trusts
Mary Alice Jackson,
Mary Alice Jackson, P.C. - Austin, TX
Keith D. Maples,
Noelke Maples St. Leger Bryant, LLP - Austin, TX
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19.
SNT Trustee Obligations and Trust Administration Best Practices (Mar 2019)
Peter J. Wall
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0.75
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Session 19
—43 mins
SNT Trustee Obligations and Trust Administration Best Practices (Mar 2019)
Discuss the challenges facing fiduciaries when navigating complex public benefits issues and regulatory oversight. “Best practice” tips that will assist with managing SNT beneficiary expectations while simultaneously limiting professional liability and providing the utmost in service to clients with disabilities will also be provided.
Originally presented: Feb 2019 Special Needs Trusts
Peter J. Wall,
True Link Financial - Denver, CO
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20.
Ask the Experts: Trustee Obligations and Administration (Mar 2019)
Nancy Sosa, David Estes, Haley D. Greer, Peter J. Wall
1.00
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Session 20
—61 mins
Ask the Experts: Trustee Obligations and Administration (Mar 2019)
Trustees, bring your questions because the experts will be addressing concerns about Trustee obligations and administrations issues while administering a trust.
Originally presented: Feb 2019 Special Needs Trusts
Nancy Sosa,
Cadence Bank - Austin, TX
David Estes,
Texas Regional Bank - McAllen, TX
Haley D. Greer,
The Arc of Texas - Austin, TX
Peter J. Wall,
True Link Financial - Denver, CO