Frequently Asked Questions

Q: WHAT IS PUBLIC BENEFITS AND SPECIAL NEED PLANNING?

A: A major concern of disabled persons and their families is enhancing quality of life while maintaining public benefits eligibility - specifically, cash and medical benefits. Those who are not disabled but dependent on public benefits to provide for their support needs and medical care have similar concerns. Receipt of a personal injury settlement, inheritance, or assets by other means may result in financial ineligibility for public benefits. The Law Office of Bridget O'Brien Swartz, P.L.L.C., has knowledge and experience in evaluating such situations and identifying options that will not only maintain public benefits eligibility but also enhance quality of life.

Q: WHAT PUBLIC BENEFITS MAY BE AT RISK?

A: Public benefits, most of which are based on financial need, are threatened by the receipt of a personal injury settlement, inheritance, or assets by other means. Other public benefits, although not based on financial need, may be at risk due to the way in which a monetary settlement is structured or allocated. These benefits include:

• Supplemental Security Income (SSI)
or Social Security Disability Insurance
(SSDI) cash benefits paid by the
Social Security Administration (SSA)
for the disabled

• Medicare benefits

• Medicaid or in Arizona, Arizona
Health Care Costs Containment System
(AHCCCS) medical benefits

• Arizona Long Term Care System
(ALTCS) benefits also through
AHCCCS, whose benefits provide
long term care assistance

• Division of Developmental Disability
(DDD) benefits through the Arizona
Department of Economic Security (ADES)
for the developmentally disabled

• Section 8 housing assistance through the Department
of Housing and Urban Development (HUD)

• Food stamps or general assistance through the
Arizona Department of Economic Security (ADES)

• Veteran's benefits through the Veteran's
Administration (VA)

Q: WHO CAN BENEFIT FROM PUBLIC BENEFITS AND SPECIAL NEEDS PLANNING?

A: The Law Office of Bridget O'Brien Swartz, P.L.L.C., works with disabled persons or persons otherwise dependent on public benefits. We also work with their families and professionals to ensure that public benefits are preserved and quality of life is enhanced. These individuals include:

• Personal injury and workers compensation attorneys

• Decision makers for those who are incapacitated, whether agent under a power of attorney or a court-appointed fiduciary.

• Corporate trustees

• Private or professional fiduciaries

• Financial advisors

Q: HOW CAN THE LAW OFFICE OF BRIDGET O'BRIEN SWARTZ, P.L.L.C., ASSIST YOU?

A: We can:

• Identify the public benefits potentially at risk and determine their continued need

• Assist in developing and structuring a monetary settlement so as to enhance quality of life and ensure that it provides for a lifetime of needs, whether or not as a supplement to public benefits

• Identify and assist in the resolution of Medicare, AHCCCS, or insurance liens

• Secure court approval of a settlement and Special Needs Trust and counsel on the selection of a qualified trustee to administer the Trust

• Represent fiduciaries in the ongoing administration of a Special Needs Trust or conservatorship

• Prepare an estate plan for families, including supplemental care trusts, that will provide for the needs of disabled loved ones and protect their public benefits