An ERISA plan could sue a special needs trust in order to obtain reimbursement for medical costs borne on behalf of a plan beneficiary injured in an automobile accident, the en banc 5th U.S. Circuit Court of Appeals has ruled in reversing judgment.
Federal law generally preempts the provisions of a state law designed to prevent the abusive manipulation of special needs trusts to ensure Medicaid eligibility, the 3rd Circuit has ruled in affirming judgment.
A special needs trust created for a severely injured teenager counted as a resource for the purpose of finding him ineligible for Medicaid benefits, the 10th Circuit has ruled in affirming judgment.
Income from a special needs trust may be used to determine the extent of Medicaid benefits a disabled man can obtain for institutionalized care, the 2nd Circuit has ruled in affirming judgment.
Every personal injury attorney must learn the basics of special needs trusts, so that money a client receives from an award or settlement doesn’t jeopardize public benefits he or she receives for medical care.