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Disability Military Child Protection Act of 2013 (H. R. 2249 & S.1076) « Important Federal Legislation/ Issues

What is the Disability Military Child Protection Act?

This bill will provide veterans with the ability to direct their Survivor Benefit Plan annuity payments to s SNT.  The creation of an SNT will ensure that a dependent child with a disability will continue to qualify for Social Security Disability Insurance and Medicaid.  Assets placed into a SNT are not generally counted as income or assets, allowing dependent children to remain eligible for these benefits throughout their lifetime.


The Disabled Military Child Protection Act of 2013 (H.R. 2249 & S. 1076)

Please write or call your Congressmen and ask them to support this legislation

Here is the letter that I wrote to Senator Debbie Stabenow along with attachments about the legislation

 

Eye on Elder: Actions Speak Louder than Words by: Patricia E. Dudek

 

Dear Senator Stabenow:

 

                I write you as a constituent a board member of the National Academy of Elder Law Attorneys (NAELA) and a member of The Academy of Special Needs Planners.  As an elder law and special needs law attorney, I see clients on a regular basis whose lives would greatly benefit from a piece of legislation currently pending in Congress: the Disabled Military Child Protection Act of 2013 (H.R. 2249 & S. 1076).

                This bill will allow military retirees, upon their death, to leave their Survivor Benefit Plan to a special needs trust for their disabled child. Currently, military retirees must leave this benefit directly to the disabled child. This places the child in jeopardy of losing important government benefits for long-term care, such as Medicaid.  Your legislation will truly allow military families to plan for the expensive and complicated long-term care needs of their disabled child.

                The Disabled Military Child Protection Act of 2013 has been introduced in both the House and the Senate by Congressman Jim Moran (D, VA-8th) and Senator Kay Hagan (D-NC).  It was successfully included during mark up of the Senate National Defense Authorization Act that will be presented to the Senate floor.  This is an equity and fairness issue.  Civilians are allowed to create a Special Needs Trust for their children with disabilities to ensure they receive care beyond the guardian's death but under current law, leaving the survivor benefits directly to the child with disabilities will likely result in the child losing access to necessary government benefits.  Simply put, this bill will provide veterans with the ability to direct their Survivor Benefit Plan annuity payments to s SNT.  The creation of an SNT will ensure that a dependent child with a disability will continue to qualify for Social Security Disability Insurance and Medicaid.  Assets placed into a SNT are not generally counted as income or assets, allowing dependent children to remain eligible for these benefits throughout their lifetime.

The Disabled Military Child Protection Act language was successfully included in the National Defense Authorization Act (NDAA) passed by the Senate Armed Services Committee.  The next step for the NDAA will be the Senate floor.

                The law should not discriminate against people with disabilities.  Our military families with children with disabilities should not be unfairly restricted in the use of the special needs trust to help provide for their children.  Your co-sponsorship of this bill will help end this discrimination against people with disabilities in the law.

                We are happy to note that recently Senators Bill Nelson (D-FL), Charles Grassley (R-IA), and Jay Rockefeller (D-WV) agreed to support this bill.

Thank you for your consideration.  Please let me know if you will co-sponsor these bi-partisan bills.  I would be happy to answer any questions or concerns you may have. 

 

 

 

 

 

Very truly yours,

 

Patricia E. Kefalas Dudek