ERISA plan could sue special needs trust 
Published: May 10, 2013
Tags: ERISA, reimbursement, special needs trust
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.
Medicaid preempts Pa. special needs trust rules
Published: June 22, 2012
Tags: estate planning, Medicaid, preemption, special needs trust
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.
Trust counts towards child’s Medicaid eligibility
By:
Pat Murphy
Published: September 2, 2009
Tags: Medicaid, special needs trust, §1983
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.
Trust income may affect Medicaid benefits
By:
Pat Murphy
Published: June 23, 2009
Tags: elder law, Medicaid, special needs trust
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.
Attorneys confounded by ‘pooled trust’ controversy
By:
Sylvia Hsieh
Published: April 28, 2009
Tags: elder law, Medicaid, special needs trust
Many personal injury and elder law attorneys have used “pooled trusts” for years in order to put aside funds for care that is not covered by Medicaid.
Special needs trusts 101
By:
Susan Bocamazo
Published: March 6, 2009
Tags: disability benefits, special needs trust
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.
