I am disabled and on SSDI and Teachers Retirement of Georgia. Can I still qualify to be the recipient of a special needs trust?

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My income is too high for Medicaid but too low to live alone so I live with my elderly mom.

Attorney Answers

3
Robert Fleming ·
Yes, you can. Neither SSDI nor ordinary retirement benefits are going to be affected by your income or assets -- so even if the trust is not actually a special needs trust it should not cause you any reduction in payments. If it is a special needs trust, then it might help you qualify for Medicaid -- but of course your other income (and assets) may prevent you from qualifying, as appears to be the case.
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Diane Beth WeinbergElder Law AttorneyAlpharetta, GA ·
You can be the beneficiary (recipient) of a special needs trust without impacting your SSDI and retirement benefits. You may want to speak with an elder law attorney, however, to see what other benefits may be available to you to help you and your mother now as well as in the future when you are no longer able to live with your mother. Good luck!
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