Leona E. Filis, Author at Helping Families with Kids with Special Needs

Steps in a Guardianship of Your Adult Disabled Child

What you can expect when you file for Guardianship of your loved one:

Parent homework: Schedule an appointment with your child’s doctor. Take the Physician’s Certificate of Medical Examination to be completed and return the completed form to the law office.

1^st – Application for Guardianship or Co-Guardianship of the Person filed with Physician’s Letter

*service of process by Sheriff to your child at the home

2^nd – JBCC online certificates. Parent homework: Parents must go to the JBCC website to register their Guardianship case, take the online training course, and submit the Certificate of Completion to the law office.

*In-home visit Court Investigator

3^rd – File AAL Motion & Order – performed by attorney

*in-home visit AAL

4^th – Attend a Court Hearing after your child turns 18 and all the reports are filed.

My son is on the Medicaid Waiver Program Interest Lists – How Long is the Wait?

April is Autism Awareness and Acceptance Month, and many well-meaning people try to share information and support regarding individuals with Autism. As a mother of a teenage boy with Autism (and ADHD), my awareness of the challenges concerning living with ASD is daily. The State of Texas works with the federal government to administer programs to help individuals with disabilities, such as Autism.

These programs are called Medicaid Waiver Programs. My law firm discusses Medicaid Waiver Programs with anyone and everyone who will listen. We promote Medicaid Waiver Programs and try to educate families to sign up for the Interest Lists/Waiting Lists for the Medicaid Waiver Programs. We have videos and written materials about Medicaid Waiver Programs.

The unfortunate reality of the situation surrounding Medicaid Waiver Programs is that individuals have to wait YEARS before their name comes off the Interest List and an interview is scheduled to determine eligibility.

This topic is relevant to me today because I received a call from Health and Human Services (HHS) who administers some of the Medicaid Waiver Programs, and I was informed that my son’s name was at the top of the list for a Medicaid Waiver Program called Medically Dependent Children’s Program (“MDCP”). This is actually the second time my son has “come off the Interest List” for MDCP. Sounds strange since he is still on the Interest List for the other Medicaid Waiver Programs. Well, the Interest List for MDCP is shorter than the other Interest Lists for the other Medicaid Waiver Programs. My son has Autism and ADHD and does not meet the definition of “Medically Dependent” and would not, therefore, qualify for services. “Don’t waste your time with an interview” I told the HHS representative. “Just add his name back on the Interest List for MDCP just in case he would qualify for services in the future.”

That last statement was a tough one to make. I don’t want my son to regress or get into a horrific accident that would cause him to be “medically dependent” to qualify for services through MDCP. The best Medicaid Waiver Program for my son would probably be CLASS, but we have over 38,400 kids ahead of my son on the Interest List.

HHS is processing about 30 cases a month for the CLASS Waiver program.

So, if you are aware of Autism, accept Autism, and wish to support individuals with Autism (and their families) kindly write to your state and federal representatives that you want to see these Interest Lists processed so qualified individuals can get the help they desperately need.

According to https://www.hhs.texas.gov/about/records-statistics/interest-list-reduction the State of Texas Legislature allotted 381 slots for CLASS in 2022-2023. As of February 2022, there are 77,773 individuals on the Interest List for CLASS. Currently, the wait for benefits for CLASS can be up to 15 years.

Working and Receiving SSI Benefits

Disabled workers must limit their hours to keep a paycheck and benefits

As many of our kids with special needs approach adulthood, a conflict becomes clear. How can my adult child gain independence with working and still be eligible for Supplemental Security Income (“SSI”) and Medicaid?

Your adult child can retain his or her federal government benefits and work part-time. The Social Security Administration (“SSA”) website is full of examples of the calculations you can use to determine if your child is earning too much money to maintain benefits eligibility.

See the chart below for more details about SSI monthly benefits.

Currently, the maximum monthly amount of SSI paid to an individual is $841.00. SSA will deduct from the maximum qualifying amount (using $841 in this example) a certain amount for earned income. The amount deducted depends on many factors.

For the new high school graduates under the age of 22 and attending college, these adults can earn income and have as much as $1,930 a month exempt from the benefits deduction. Keep in mind that there is an annual cap for this exemption of $7,670 earned income. For the months after the student has reached the total annual exclusion for “Student Earned Income Exclusion,” then the Social Security Administration can allow the student to exclude the first $65 earned, and then calculate one-half of the remaining monthly earned income to deduct from the $861 SSI monthly benefit. Math is not my friend, but here is my attempt to calculate – if your adult disabled child (who regularly attends school – at least 8 hours a week at college) works part-time and earns $400 a month, then Social Security ignores $65, leaving $335 to divide in half, leaving $167.50 as the amount to reduce from the monthly benefit of $841.00, yielding a $673.50 payment.

If your child wants to work so many hours a month that his or her benefits are jeopardized, one option is to suggest he or she perform hours of volunteer work for a local charity.

Qualifying for SSI and Medicaid is also dependent on the value of the recipient’s assets. Cash is considered an asset and the cap is $2,000.00.

Click here to see my video about SSI and bank accounts.

TIP: Do not have joint bank accounts with your adult disabled child. As a parent, you may be the Representative Payee (“Rep Payee”) for checks issued by the government, but keep your money separate from your child’s money. In other words, do not commingle your money with theirs. Other than a Rep Payee account, your adult disabled child should only have two other types of bank accounts – ABLE account, also known as a 529 A account, and an account owned by your child’s Supplemental Needs Trust. Here is a link to my video about bank accounts for people with disabilities.

Hope for HCS Waiver Program

I just heard about this proposal to open up the availability of services to individuals with special needs. These are services to assist a family to care for their disabled child at home instead of sending that child off to a government institution / State School.

On yesterday’s Embracing Diversity radio show, we discussed Medicaid Waiver programs and how it takes YEARS to obtain services.

In Texas, as of February 2021, there are 107,747 people on the Interest/Waiting list for the HCS Waiver Program, with people waiting 15-16 years before they receive services. See https://hhs.texas.gov/…/records…/interest-list-reduction for more information. #Medicaid #DisabiltyRights #AttorneyFilis #SpecialNeeds #ASD #MedicaidWaitingLists #MySon #FilisLaw

‘A Monumental Advance’: Newly Unveiled American Jobs Plan Would Invest $400B into Home-Based Care

Small Business Owners – Get Ready to Ask for PPP Loan Forgiveness

Are you a small business owner who received a Paycheck Protection Program Loan/PPP Loan? I applied, recevied the PPP Loan funds, and spent the money quickly. To be eligible for loan forgiveness, keep the following requirements in mind.

Use the PPP Loan funds for paying payroll – at least 60% of the PPP Loan must be spent on payroll. This includes new and old employees.

Use the PPP Loan funds – up to 40% of the loan, on group health policies, interest payments on a mortgage, rent if the lease was in effect before February 15, 2020, Utility payments for services that began before February 15, 2020, Interest on debt existing before February 15, 2020, and refinancing a EID Loan made between January 31, 2020 and April 3, 2020.

Keep your employee headcount maintained. Avoid a Reduction in Headcount. You may have had to lay people off this year. However, you have until December 31, 2020 get your total headcount for employees as it was between February 15, 2020 and April 26, 2020 to have your headcount considered as being restored. Although the guidelines are not specific about this, you should not count 1099 staff.

Pay your employees earning less than $100,000 per year similar (within 25%) to pre-Covid-19 (as of February 15, 2020) amounts.

Great Day Houston with Deborah Duncan

Mrs. Scott, Attorney Filis, and Adriana Beasley on Great Day Houston discussing the upcoming 6th Annual Blue Carpet Scholarship Awards Gala by Houston non-profit SAFE Diversity Communities.

Did You Hear the Embracing Diversity Show This Month?

Every month you can listen to the Embracing Diversity show on Radio DaBang 99.5 FM. This month DJ BigNate, Mrs. Thelma Scott and Attorney Filis had special guests Giset King, Max Power with Agape the Koala, and Kathy Tatum.

Giset King with Cafe Azul is hosting Tools for Caregivers of Individuals with Autism March 21, 2020 at 114 Eastwood St. from 10 am to 2 pm.

I Was On a PODCAST!

Wow! I was interviewed on the Adriana Beasley podcast “Conversations That Inspire” talking about Legal Life Planning. Many families with children with special needs have experiences that are similar to mine and to Adriana’s. Even though it seems as though so much of your life is out of your control, you do have the power to set your family’s course for the future with legal life planning. If you have a child with special needs who is approaching adulthood, now is the time to contact Filis Law Firm for a free 30-minute consultation about Guardianship, SDMAs, Special Needs Trusts, and other legal documents to protect your family’s future.

Acquire Knowledge Here to Improve Your Child’s Life – Step One

You have found my article, but the Filis Law Firm website is not the only site you should look at as a reliable source of information for families with children with special needs. Continue your research. You have access to information, now what will you do with it?

Acquire knowledge and turn it into wisdom. You have at your fingertips information to assist you in maximizing the protection of your family. Now start doing something. You may already be taking some of these action steps, such as:

Protecting your child at school by attending Special Education ARD meetings and thoughtfully contributing to your child’s IEP.

Protecting your child’s future by getting him or her countless treatments from doctors and therapists that are designed to help to put your child on a better pathway to achieving life goals.

Protecting your family’s financial future by working with an attorney and a financial advisor for purposeful estate planning.

Filis Law Firm has a list of Action Steps designed to assist families with children with special needs. These Action Steps have been collected by Leona E. Filis, owner of Filis Law Firm, based on what Leona has discovered during her life journey with her son. We will publish one step at a time.

STEP ONE: Sign up your child with special needs on the Interest Lists for Medicaid Waiver Programs and look into other government benefits such as SSI, Medicaid, SSD, and Medicare. Take ten (10) minutes today and call 1-877-438-5658 to put your child on the Interest Lists.

Supplemental Needs Trust, When to Fund and Possible Taxes Consequences

Many parents with children with special needs consider adding a Supplemental Needs Trust (“SNT”) to their Estate Plan. Using a SNT to receive assets and money from a parent’s estate is how many parents try to avoid disqualifying their child from receiving government benefits. For Supplemental Security Income (“SSI”) eligibility, applicants must be a U.S. citizen or national (or one of the limited categories of aliens), and over 65 years old, blind, or disabled, with limited income and resources.

To keep the child’s income and resources low in non-existent for benefits qualification, selection of the appropriate Trust is crucial. There are three types of special needs trusts to options to evaluate.

Master Pooled – The Arc of Texas can offers their services for a Master Pooled Trust (click here for more info).

Another type of SNT is a 1st Party or Self-Settled SNT. This is typically used when a disabled individual receives a personal injury settlement or child support. The funds of the 1st Party SNT after termination are subject to a claim of reimbursement by Medicaid Estate Recovery Program (government payback).

The most commonly obtained SNT is a 3rd Party Supplemental Needs Trust. When setting up Estate Plans, parents of children with special needs can, in their Last Will and Testament, can provide for long-term care of their child by leaving inheritance to the Trustee of the 3rd Party SNT. The parents are both the settlors/grantors, and initial trustees.

Some individuals wish to avoid probate, but are unsure of how to fund their child’s SNT. Many parents turn to life insurance for financing the years of care their child will require after both parents have passed.

As a rule, you should coordinate between the attorney drafting the SNT, the agent writing up the life insurance policy, and your accountant or financial advisor who should determine whether the estate plan is advisable for tax purposes.

For most people, the SNT remains unfunded during the lives of the parents/settlors, and as the trustees, the parents have no responsibilities or owe any duties to the Trust.

QUESTION: Do you want to prohibit the SNT from owning life insurance on the life of the parents/settlor?

Yes. The SNT agreement should be written so that the Trust will not be allowed to own a life insurance on the life of the Settlor.

Question: If the 3rd Party SNT is funded, is it a Qualified Disability Trust?

To meet the criteria to be considered a Qualified Disability Trust (“QDisT”), the SNT must be irrevocable, for the sole benefit of the individual with a disability under the age of 65, whose disability is as defined for purposes of SSI and/or SSDI programs. Have your accountant look at the deemed exemption of $4,150. This exemption amount is allowed in full and is not subject to phaseout in 2025 under the Tax Cuts and Jobs Act of 2017.

Question: What is a grantor trust and what are the tax benefits?

A Grantor Trust, as defined by the Social Security Administration, is a !st Party or Self-Settled trust where the Grantor/Settlor is also the sole beneficiary of the trust.