Litmus Test

Determine if you qualify to use a Special Needs Trust.


Litmus Test

  1. Must be disabled (have or qualify for SSDI, SSI and/or Medicaid)
  2. Is unable to work

Both criteria above apply to be able to use a Special Needs Trust.
If your client is poor or injured, but have the ability to work they do not qualify to use a Special Needs Trust. Many individuals are on expanded Medicaid due to their income, they do not qualify to use a Special Needs Trust.

Obtain Benefit Summary Letter

Always have your client get a summary of benefits letter from the Social Security Administration to determine what benefits they are receiving before settling your case.

If your client is receiving needs based Medicaid or SSI they qualify for a Special Needs Trust.
Use the flowchart below to help you determine if we can help.

CAUTION: Individuals who have SSDI with Medicaid cannot self administer their Medicare Set-aside (MSA) account. MSA’s  are a countable asset to the Social Security Administration when qualifying for Medicaid. SSDI recipients do not qualify  for expanded Medicaid. They must have MSA held in a Special Needs Trust.