Personal Injury Settlements for Clients with Disabilities: Preserving Means-Tested Government Benefits (2025 Edition)

The presentation will discuss how attorneys can preserve their clients’ means tested benefits after a settlement or judgment, focusing on when to use a pooled special needs trust for clients with a disability. The presenters will review how to determine whether a special needs trust is appropriate for a particular client, as well as how to evaluate pooled trusts. Pooled special needs trusts protect both attorneys and their clients because funds placed in a first party pooled special needs trust are generally not considered a countable resource when clients are qualifying for or maintaining their Medicaid and SSI eligibility. The…