Uber Sued by the Department of Justice

By Jill Roamer, JD, CIPP/US on Nov 30, 2021 8:44:00 AM


Ride-share companies, such as Uber, have boomed in recent years. Anyone needing a ride can simply make a few clicks on their smartphone or computer and a car shows up to take them to their destination. Very convenient!

Folks with disabilities have also benefited from Uber’s services. A customer can order an Uber WAV and a wheelchair-accessible vehicle will be provided. The price of the Uber WAV vehicle is comparable to the cost of a basic ride option. The driver of an Uber WAV has undergone training to help the rider enter and exit the vehicle. Finally, Uber is an equal opportunity employer, and those with disabilities (with a valid driver’s license) can drive and make some cash. Uber purports that “Drivers who are deaf have collectively earned tens of millions of dollars—all by helping people get around their communities.”

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Ability to Draft an Annotated Self-Settled Special Needs Trust Added to Elder Docx

By Jill Roamer, JD, CIPP/US on Oct 6, 2021 12:21:00 PM


Elder Docx™ has always had the ability to draft a Self-Settled Special Needs Trust, but with our recent software update, you can now draft an annotated version!

The Self-Settled Special Needs Trust, often referred to as a d4A trust, is a first-party trust; meaning, the assets used to fund the trust belong to the beneficiary. This trust allows the beneficiary to have these funds set aside to pay for certain things that government benefits don’t provide for, while still allowing the beneficiary to maintain eligibility for public benefits.

Elder Docx also has an option to draft an annotated Self-Settled MSA trust. This trust is used when a Medicare Set-Aside subtrust is needed, which is often when the beneficiary is awarded a personal injury settlement or a Workers Compensation award. The amount of the award that should be set aside for future medical expenses related to the injury are funded into the MSA subtrust to be preserved for such use.

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SSI Recipients Lose Benefits Due to Error

By Jill Roamer, JD, CIPP/US on Jul 9, 2021 1:00:00 PM


SSI benefits are means based. Meaning, there are strict financial criteria that must be met to receive the benefits. The SSI program was meant to help disabled, aged, or blind individuals with limited financial means. If a benefits recipient has too much property or income, benefits could be cut off. But what happens when the Social Security Administration (SSA) accuses a recipient of owning property that isn’t actually theirs?

In fiscal year 2018, the SSA started using a LexisNexis online program called Accurint. Accurint is a database that holds information, including ownership information regarding real property. The SSA would go online to check if SSI recipients hold title to real property, thereby disqualifying them for benefits. However, this proved problematic for many benefits recipients.

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