You’d first have to determine what can be done (if anything) to

once again be eligible to receive benefits. Next, you’d spend

long hours gathering information and completing paperwork.

And then you’d wait for a decision, during which time you’d live

without the monthly income the disability benefit previously

provided.

The Social Security Administration (SSA) has a backlog of

appeals, so it’s in your best interest to protect what you already

have. Here’s how.

Learn the rules. “Know what made you or your family member eligible to

receive benefits, and what will make you ineligible,” says Jay

Gilston, a Special Care Planner with Emerald Financial

Resources (www.emeraldfinancialresources.com) in Colts Neck,

New Jersey, a general agency of Massachusetts Mutual Life

Insurance Company (MassMutual). For example, working in a

job that’s considered “substantial work” or having assets of

$2,000 or more in your name could make you ineligible. Other

factors may also affect your benefits, including marriage,

divorce, and criminal activity. A wealth of information can be

found at www.ssa.gov (including which assets are not counted).

It can be complicated. Meeting with a social security case

worker or another professional who’s well versed in the rules,

regulations, and laws could be helpful in getting questions

answered.

Information of interest topeople with disabilities and other special needsand their families.

Do you, or does your spouse or child, receive

government disability benefits? If so, you

know how complicated and time-consuming

the application process can be, especially if

your application was denied and you had to

appeal. Imagine losing those benefits and

having to reapply.

Create a life care plan.Meet with a financial professional, such

as a Special Care Planner, who’s been

educated to serve the community of

people with special needs. He or she can

help you create a life care plan that’s

person centered, so the person who has

special needs can obtain the best quality

of life possible. “It involves more than

just finances,” explains Gilston. “It

incorporates a financial strategy along

with other measures, such as developing

a letter of intent, making a decision

about guardianships, establishing a

special needs trust, considering housing

needs, and coordinating benefits received

from the government, community

organizations, or friends and relatives.”

He emphasizes that every aspect of life

should be considered. “This is not a

short term need,” he says. “It could last

60 years.”

Seek out the advice of a special needs attorney.Would you seek out the advice of a real

estate attorney if you wanted to incor-

porate a business? Or ask a criminal

attorney about tax laws? Probably not.

Many attorneys practice in specialized

fields, just as other professionals do.

And when it comes to legal matters

regarding special needs, it’s best to

choose someone who has the experience

and skill it takes to serve people with

special needs. “You want someone

who’s familiar with the terminology,

and who can work with others on your

team to ensure that everything in your

life care plan is coordinated,” says

Gilston. “For instance, you don’t want

the terms of your will conflicting with

how your trust is structured.”

Government BENEFITS.Getting Them? Protect Them!

Prepare a letter of intent.A letter of intent gathers together medical, social, and personal

information about the person with special needs. “It can be

invaluable to future caregivers,” says Gilston, “especially in

regards to caring for a person who has autism, since they can

be so greatly affected by small changes in routines.”

Regarding protecting eligibility for government benefits, a

letter of intent can be critical, outlining why certain financial

measures were taken and how changes to a financial strategy

might jeopardize benefits. “Courts take this document very

seriously,” Gilston adds. “It gives judges information that

helps in their decision-making process and should be kept as

well protected as other legal documents.”

A free letter of intent template is available from MassMutual.

Visit www.massmutual.com, click on “contact us,” and send an

e-mail requesting it (include your name, mailing address, and

phone number).

Keep good medical records.Unless your (or your family member’s) medical condition

clearly matches one listed on the SSA’s list of impairments,

you’ll need to prove the disability when you first apply and if

you lose your benefits and have to reapply. Good medical

records will help. Try to develop a system that works best for

you. Perhaps separate files for each doctor (you can request

copies of records at each visit) or a journal in which you

make chronological notes. Letting your doctors know you’re

applying/reapplying may help, and your special needs attorney

can assist you.

Establish a special needs trust.Having assets of $2,000* will make you (or the person with

special needs) ineligible to continue to receive government

benefits. “A special needs trust can keep assets such as inheri-

tances, gifts of money, and life insurance death benefits out of

your name,” explains Gilston. “Trust funds can provide for

material needs, other than food and housing expenses, during

a trustee’s lifetime, and ensure their long term care is

provided for.”

Update your named beneficiaries.Take a look at who you’ve named on

things like your IRA, 401(k), 403(b), and

life insurance (individual or group

policies). Sometimes children are auto-

matically named for you as alternate

beneficiaries, so be sure to check. If you

have a brokerage account, ownership of

it will transfer automatically upon

death, superceding any wishes you

designate in a will. “A special care plan-

ner can help you coordinate all of this,”

says Gilston, “acting as your quarterback

and taking all these things into account.”

Hold a family meeting.“Once you’ve taken measures to create

a life care plan and protect your govern-

ment benefits, you won’t want a kind

gesture to innocently unravel your

efforts,” cautions Gilston. Meet with your

close friends and relatives to discuss

what your plan is and why you’ve

established it, the inheritance issues,

and care and guardianship plans.

Review your plan annually.A lot can happen in a year, and some of

those events can affect your life care plan.

Meet with your team of professionals at

least annually. They’ll know if you need

to adjust your strategy.

Jay Gilston can be reached at

Emerald Financial Resources,

24 Merchants Way, Colts Neck, New

Jersey, (732) 677-7016 or

(732) 995-2990 (cell),

jgilston@financialguide.com.

* The following SSA publications, which may beordered from the SSA or viewed online, may behelpful: “What You Need To Know When You GetSupplemental Security Income (SSI),”www.ssa.gov/pubs/11011.html “ What You Need To Know When You Get SocialSecurity Disability Benefits,”www.ssa.gov/pubs/10153.html

* The Special Care Planner receives advanced training and information in estate and tax planningconcepts, special needs trusts, governmentprograms, and the emotional dynamics of workingwith people with disabilities and other special needsand their families. The certificate program is offeredby The American College in Bryn Mawr, PA,exclusively for MassMutual financial professionals.State insurance departments recognize that theSpecial Care Planner certificate program providesessential information on the profession of specialcare by granting continuing education (CE) credits(varies by state).

A Special Care Planner through MassMutual’sSpecialCareSM program can assist parents in draftingLetters of Intent and can help make a difference in thequality of life for an individual with special needs,their caregiver and other family members. ThroughSpecialCare you will learn valuable financial strategies,identify financial strategy solutions, access vital information, and meet certified specialists who willwork with you and your professional advisors – yourbanker, accountant or financial planner, lawyer, socialworkers and health care providers – to review yourfinancial picture and offer options to fit the needs ofeach situation. For more details, visit MassMutual’swebsite at http://www.MassMutual.com/specialcare, or call 1-(800)-272-2216.

About MassMutualMassMutual Financial Group is the marketing namefor Massachusetts Mutual Life Insurance Company(MassMutual) and its affiliated companies and salesrepresentatives. Assets under management includeassets and certain external investment fundsmanaged by MassMutual's subsidiaries.

Founded in 1851, MassMutual is a mutually ownedfinancial protection, accumulation and income management company headquartered in Springfield,Mass. MassMutual’s major affiliates include:OppenheimerFunds, Inc.; Babson CapitalManagement LLC; Baring Asset ManagementLimited; Cornerstone Real Estate Advisers LLC; MMLInvestors Services, Inc., member FINRA and SiPC(www.finra.org and www.sipc.org), MassMutualInternational LLC and The MassMutual TrustCompany, FSB. MassMutual is on the Internet atwww.massmutual.com.

The information provided is not written or intendedas tax or legal advice and may not be relied on forpurposes of avoiding any Federal tax penalties.MassMutual, its employees and representatives arenot authorized to give tax or legal advice. Individualsare encouraged to seek advice from their own tax orlegal counsel. Individuals involved in the estateplanning process should work with an estateplanning team, including their own personal legalor tax counsel.

MassMutual has carried the Exceptional Parent (EP)Symbol of Excellence since receiving it in 2004 inrecognition of its commitment and service to peoplewith disabilities and other special needs and their families.

Massachusetts Mutual Life Insurance Company, Springfield, MA. www.massmutual.com. MassMutual Financial Group is a marketing name forMassachusetts Mutual Life Insurance Company (MassMutual) and its affiliated companies and sales representatives.

Reprinted with the expressed consent and approval of Exceptional Parent, a monthly magazine for families and professionals dealing with individuals with disabilities and special health care needs.Digital Subscription cost is $19.95 per year for 12 issues. Call (800) 372-7368. Offices at 416 Main Street, Johnstown, PA 15901 ©2010

Massachusetts Mutual Life Insurance Company and affiliates, Springfield, MA 01111-0001 www.massmutual.com

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