Frequently Asked Questions
Q: WHAT IS PUBLIC BENEFITS AND
SPECIAL NEED PLANNING?
A: A major concern of disabled persons and their families is
enhancing quality of life while maintaining public benefits
eligibility - specifically, cash and medical benefits. Those who
are not disabled but dependent on public benefits to provide for
their support needs and medical care have similar concerns. Receipt
of a personal injury settlement, inheritance, or assets by other
means may result in financial ineligibility for public benefits.
Jaburg Wilk and Bridget O'Brien Swartz have knowledge and
experience in evaluating such situations and identifying options
that will not only maintain public benefits eligibility but also
enhance quality of life.
Q: WHAT PUBLIC BENEFITS MAY BE AT RISK?
A: Public benefits, most of
which are based on financial need, are threatened by the receipt of
a personal injury settlement, inheritance, or assets by other
means. Other public benefits, although not based on financial need,
may be at risk due to the way in which a monetary settlement is
structured or allocated. These benefits include:
• Supplemental
Security Income (SSI)
or Social Security Disability Insurance
(SSDI) cash benefits paid by the
Social Security Administration (SSA)
for the disabled
• Medicare
benefits
• Medicaid or
in Arizona, Arizona
Health Care Costs Containment System
(AHCCCS) medical benefits
• Arizona Long
Term Care System
(ALTCS) benefits also through
AHCCCS, whose benefits provide
long term care assistance
• Division of
Developmental Disability
(DDD) benefits through the Arizona
Department of Economic Security (ADES)
for the developmentally disabled
• Section 8
housing assistance through the Department
of Housing and Urban Development (HUD)
• Food stamps
or general assistance through the
Arizona Department of Economic Security (ADES)
• Veteran's
benefits through the Veteran's
Administration (VA)
Q: WHO CAN BENEFIT FROM
PUBLIC BENEFITS AND SPECIAL NEEDS PLANNING?
A: Bridget O'Brien Swartz works
with disabled persons or persons otherwise dependent on public
benefits. We also work with their families and professionals to
ensure that public benefits are preserved and quality of life is
enhanced. These individuals include:
• Personal injury
and workers compensation attorneys
• Decision makers for those who are incapacitated, whether agent
under a power of attorney or a court-appointed fiduciary.
• Corporate trustees
• Private or professional fiduciaries
• Financial advisors
Q: HOW CAN THE LAW OFFICE OF
JABURG WILK and BRIDGET O'BRIEN SWARTZ ASSIST
YOU?
A: We can:
• Identify the public benefits
potentially at risk and determine their continued need
• Assist in developing and structuring
a monetary settlement so as to enhance quality of life and ensure
that it provides for a lifetime of needs, whether or not as a
supplement to public benefits
• Identify and assist in the
resolution of Medicare, AHCCCS, or insurance liens
• Secure court approval of a
settlement and Special Needs Trust and counsel on the selection of
a qualified trustee to administer the Trust
• Represent fiduciaries in the ongoing
administration of a Special Needs Trust or conservatorship
• Prepare an estate plan for families,
including supplemental care trusts, that will provide for the needs
of disabled loved ones and protect their public benefits