Protecting Military Survivors Benefits for Children with Special Needs
Career military retirees have long been able to defer a portion of their retirement pay to provide income for a surviving spouse or dependent child upon the retiree's death. However, parents who chose these benefits for a disabled child sometimes caused the child to lose valuable Medicaid benefits.
Through the National Defense Authorization Act of 2015, Congress enacted the Disabled Military Child Protection Act to address this concern. Retirees may now designate a special needs trust as a beneficiary of their Survivor Benefits Plan (SBP). Because the income will be paid directly to the trustee, it will not be countable income for Supplemental Security Income (SSI) or Medicaid. Military children with special needs will benefit from the SBP without losing other government benefits.
You need to have the correct type of special needs trust in place before making the election for SBP for your disabled child. Read more about SBPs for disabled children here or call Jean Galloway Ball or Loretta Morris Williams to learn how SBP benefits fit into planning for you and your family.
Since 1980 the AV-rated law firm of Hale Ball has served the legal needs of individuals and businesses. Our team of attorneys include lawyers named to Super Lawyer and Rising Star lists, as well as attorneys with advanced legal degrees, specialty certifications and lawyers who teach their areas of practice to other lawyers.
Use the contact form on this page to schedule a consultation, or call 703-591-4900.
The transmission and receipt of information contained on this website, in whole or in part, or communication with the Hale Ball via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient.
10511 Judicial Dr
Fairfax, VA 22030