The Purchase of a Qualifying Annuity By an SSI Beneficiary Can Be Used to Maintain Eligibility for Government Benefits Including New Jersey Medicaid

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Monmouth County New Jersey Special Needs Trust Attorney

Under Federal law Supplemental Security Income (SSI) program, is a needs-based benefit program which provides monthly cash assistance to aged, blind or disabled individuals who have limited income and resources. Individuals who are over the age of 65 automatically meet the “aged” requirement.  Adults who assert eligibility as “disabled” persons must have “a medically determinable physical or mental impairment that is expected to last (or has lasted) at least 12 continuous months (or is an extremely important conjunction) or to result in death [which] prevents him or her from doing any substantial gainful activity”.  In addition the individual must have low monthly income and no more than $2,000 in resources ($3,000 for a couple) to qualify for SSI.

SSI recipients who receive gifts, inheritances or money judgments from personal injury lawsuits, litigation or inheritance will often be found ineligible for SSI as a result of excess resources.

One thought to strategically consider may be to convert a resource that would be countable under the SSI program into an excluded resource by converting the resource into an income stream.  Converting excess resources into a Medicaid qualifying annuity is permissible spend-downs of those excess resources. As a result, a medical annuity opens possibilities to assist SSI recipients to achieve or maintain eligibility for necessary government benefits.

Contact me personally today to discuss your New Jersey Medicaid application matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.