ABLE Account Contributions and Social Security Income (SSI)

Posted by Haddad Nadworny on Sat, Aug 18, 2018 @ 08:00 AM

The Special Needs Financial Planning Team  Cynthia Haddad, CFP | John  Nadworny, CFP | Alexandria Nadworny, CFP

We are committed to presenting complimentary educational workshops to  organizations and parent groups. We are currently booking presentations for Fall 2018/Spring 2019 season. Please click here to email Alex Nadworny or call 781-756-1804 . 

ABLEThe analysis and case study below are excerpted from a Case Summary series offered by the National Disability Institute's ABLE National Resource Center(ABLE NRC).  John Nadworny met Chris Rodriguez of the National Disability Institute at a meeting prior to the ABLE's passage and has worked with Chris and the ABLE NRC on a number of presentations and webinars educating the public about ABLE. We share below information from the case studies presented by ABLE NRC. The case serves to illustrate the impact of the ABLE Account on Social Security and Social Security Income (SSI) disability benefits. 

The ABLE Account offers an individual with a disability, which began before age 26, an opportunity to save funds in a dedicated account to meet " qualified disability expenses" that will allow them to improve health, independence and quality of life.  To view the benefits, limitations and rules related to the ABLE Account, see ABLE Accounts:10 Things You Need to Know

SSI is based on financial need and therefore impacted by any income received by the SSI beneficiary.  Note: SSDI is not a means-tested benefit and is not impacted by the ABLE account. In 2018, the maximum SSI federal benefit is $750/month with states supplementing this amount at their option. Unless income exclusions apply, any income received by the SSI recipient will effect the SSI monthly payment amount. The maximum countable resources a beneficiary is allowed is $2000. If resources go above $2000, the right to an SSI payment may be suspended.  If resources remain above $2000 for 12 months, the SSI is terminated.  

ABLE Account & SSI

A summary of SSI policies regarding ABLE: 

(Source: POMS SI 001130.740, https://secure.ssa.gov/apps10/poms.nsf/lnx/0501130740.  )

 Contributions of the designated beneficiary to the ABLE account, from his or her monthly income (i.e., income other than SSI), will still count as income for SSI (subject to any income exclusions) and may result in a reduction to the SSI payment. Contributions from all others are excluded and not counted as income of the beneficiary.

• Earnings from the ABLE account are excluded and not counted as income or against SSI resource limits.

• Up to $100,000 of the account balance is excluded by SSI and not counted toward the $2,000 SSI resource limit.

• When the value of an ABLE account exceeds $100,000 and the amount above $100,000, combined with other resources, results in countable resources above $2,000, SSI payments are indefinitely suspended.

 Unlike the general SSI rules related to excess resources, SSI eligibility is not terminated after 12 months of excess resources related to the ABLE account. SSI payments will be restored once the overall countable resources are reduced to $2,000 or less. Under SSI’s ABLE policy, two years or several years could elapse and the beneficiary can return to SSI payment status when countable resources are again below $2,000.

 • When the SSI payment is suspended due to excess ABLE account resources, Medicaid eligibility will continue.(Note of caution to readers that while the cited policy does allow Medicaid to continue despite an ABLE account balance of more than $100,000, since Medicaid eligibility will be tied to SSI status in 41 states, we believe countable resources (other than the ABLE account) must still be below the $2,000 SSI resource limit in those states. In the remaining nine section 209(b) states, that opted to determine Medicaid eligibility separately, the ABLE account should still be an exempt resource but the person will have to meet any state-specific resource test to keep Medicaid. POMS SI 01715.010.)

 A Case Study of SSI being Impacted by an ABLE account

Source: ABLE National Resource Center

ABLE-1

Mario has $101,500 in his ABLE account and $1,500 in his checking account. Since his countable resources are now $3,000 ($1,500 from ABLE account + $1,500 from checking account), his ABLE account has caused him to exceed the resource limit and his SSI payments are indefinitely suspended.

Mario continues putting money in his ABLE account for 24 more months and his indefinite suspension continues. Then, with the account balance standing at $107,000, he takes a $21,000 distribution to purchase a new car (a Qualified Disability Expense), dropping his account balance to $86,000 at a time when his checking account balance stands at $850. Since the ABLE account balance is below $100,000 it is once again exempt and his only countable resource is the $850 in his checking account. Mario’s SSI payments will be restored without the need for a new application. Mario had Medicaid eligibility continue when his SSI payments were suspended for 24 months based on excess resources caused by the ABLE account.

To read a more detailed case study and analysis, see ABLE National Resource Center. 

 The opinions voiced in this material are for general information only and are not intended to provide
specific advice or recommendations for any individual, nor intended to be a substitute for specific
individualized tax or legal advice. We suggest that you discuss your specific situation with a qualified
tax or legal advisor.

Prior to investing in an ABLE account investors should consider whether the investor's or designated beneficiary's home state offers amy state tax or other benefits that are only available for investments in such states's ABLE program.  Withdrawals used for qualified disability expenses are federally tax free.  Tax treatment at the state level may vary.  Please consult with your tax advisor before investing. 

 

Tags: ABLE Account, disability supports, government supports, Social security income

What The Shutdown Means For Disability Services

Posted by Patty Manko on Thu, Oct 03, 2013 @ 12:17 PM

disability absence management resized 600By Michelle Diament | October 1, 2013

 

As the first U.S. government shutdown in more than 17 years takes hold, some programs benefiting people with disabilities will continue with business as usual while others grind to a halt.

The shutdown, which began Tuesday, comes after Congress failed to reach a deal to fund the federal government for the new fiscal year starting in October. Under a shutdown, some services considered “essential” will continue operating while many other government activities will come to a standstill as 800,000 federal workers are sent home until a new budget takes effect.

Here’s a look at how the shutdown will impact programs that people with developmental disabilities rely on:

SOCIAL SECURITY Benefit payments will continue to be distributed on schedule to individuals receiving Social Security and Supplemental Security Income. Local offices will be open, but only to perform select services.

MEDICAID Services provided by Medicaid will largely proceed as usual since an advance appropriation ensured that states receive funding for the program on Oct. 1. However, disability advocates say they are worried that the shutdown could exacerbate payment delays that providers of long-term services and supports are already facing. “The long delays have put many of our affiliates in almost untenable cash flow positions and further delays may cause some to cease Medicaid services,” said Katy Neas, senior vice president of government relations at Easter Seals.

HOUSING The U.S. Department of Housing and Urban Development says it will not be able to provide further funding to local housing agencies during the shutdown. However, most local agencies already have enough money to fund rental assistance vouchers for the month of October, more than half of which help the elderly and people with disabilities.

SPECIAL EDUCATION Schools won’t see much impact immediately, with states receiving $22 billion in special education funds on schedule this month from the federal government, the U.S. Department of Education said.

DISABILITY RIGHTS ENFORCEMENT The U.S. Department of Justice says that civil litigation, which includes the enforcement of disability rights laws like the Americans with Disabilities Act, will be “curtailed or postponed” to the extent possible.

RESEARCH Developmental disability surveillance programs — which track the prevalence of such conditions — will come to a halt during the shutdown, said Barbara Reynolds of the U.S. Centers for Disease Control and Prevention. Meanwhile, the National Institutes of Health will not make any new grant awards for research.

Copyright © 2013 Disability Scoop, LLC. All Rights Reserved.
Download our  Questions to Ask when Applying for Government Benefits

Tags: disability legislation, supports for special needs, disability supports, special needs services, disability services, government supports

Important Questions to Ask When Applying for Government Benefits

Posted by Patty Manko on Mon, Aug 26, 2013 @ 01:30 PM

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The most effective means to providing an individual the opportunity to achieve a full life is to maximize both public and private resources.

Service providers continue to struggle with limited budget constraints and high staff turnover.  Families tired of receiving minimal supports and services often combine their resources to supplement those needed.  Although every individual has their own personality and needs, many dreams have been realized by creatively pooling resources between many families. 

The best way to identify and obtain services is to go directly to the gateway to those services while gathering information from other families or advocacy agencies involved in that specific service area.

Here are a few pointers when trying to advocate for services for your family member.  

  1. When you apply for the service, the gatekeeper staff - the people who control access to the benefits you seek- should give you an overview of the entire process. If he or she does not, be sure to ask. You still may not get all of your questions answered.
  2. The process may look intimidating. This is why it is so important to connect with a parent or advocacy group for support. Try to get objective input, even if you have to pay for the information. Even if the group you contact does not provide specific services, the members and/or staff can advise you of the options in your region.
  3. Other parents can share what they have done to obtain services. Learning about advocacy activities can ultimately advance service availability. 
We can help you maneuver the maze of government benefits. Parents and Trustees need to protect themselves from potentially disqualifying a beneficiary from their much needed government benefits.  Download our checklist of questions to ask when applying for support services below.
Download our  Questions to Ask when Applying for Government Benefits

Tags: Government Benefits, supports for special needs, disability supports, special needs services, disability services, government supports

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