The question of whether a special needs trust (SNT) can include media subscriptions designed to improve cognitive function is a nuanced one, deeply rooted in the rules governing Supplemental Security Income (SSI) and Medicaid eligibility. Generally, SNTs are established to supplement, not replace, government benefits. This means any distributions from the trust must be carefully considered to avoid jeopardizing those benefits. While seemingly benign, even subscriptions like educational streaming services, brain-training apps, or online courses can be scrutinized if they’re deemed to provide something that should be covered by existing public assistance programs. However, with careful planning and documentation, these types of expenses can often be legitimately included within the scope of a well-drafted SNT, especially when they demonstrably support the beneficiary’s well-being and aren’t considered “medical care” already covered by programs like Medicaid. As of 2023, approximately 16.9% of Americans have some type of disability, highlighting the growing need for effective SNTs.
What happens if the trust pays for things Medicaid *should* cover?
A primary concern is avoiding duplication of benefits. If a subscription is considered a form of therapy or rehabilitation that Medicaid *could* provide, the trust’s payment for it may be viewed as an improper benefit and could result in a reduction or termination of SSI or Medicaid. For instance, if a beneficiary is already receiving speech therapy covered by Medicaid, paying for a language-learning app through the SNT might be seen as redundant. “The key is to demonstrate that the subscription fills a gap in existing services or provides something beyond what Medicaid already covers,” explains Steve Bliss, a San Diego estate planning attorney specializing in special needs trusts. The Social Security Administration (SSA) conducts periodic program reviews, and in 2022 alone, over $2.6 billion in improper payments were identified within SSI, demonstrating the importance of adherence to the rules. A trust should clearly articulate *why* the subscription is necessary for the beneficiary’s unique needs, beyond what the government already provides.
Can subscriptions be considered “quality of life” expenses?
Fortunately, SNTs aren’t solely limited to covering strictly “necessary” medical expenses. They’re also intended to enhance the beneficiary’s quality of life. If a cognitive stimulation subscription demonstrably contributes to the beneficiary’s well-being, reduces isolation, and promotes mental engagement, it can often be justified as a permissible expense. For example, a subscription to a streaming service offering documentaries and educational content might be deemed beneficial for someone with limited mobility or social interaction. However, it’s crucial to document the *therapeutic* value of the subscription – a letter from a physician, therapist, or case manager outlining the benefits can be invaluable. It is important to note that approximately 61 million adults in the United States live with a disability and such quality of life expenses are essential for full and active lives. “These subscriptions aren’t just entertainment; they’re tools for maintaining cognitive function and promoting a sense of purpose,” Bliss emphasizes.
I once knew a woman named Eleanor…
I once knew a woman named Eleanor who meticulously established a special needs trust for her son, Daniel, who had Down syndrome. She included a subscription to a brain-training app, thinking it would be a harmless addition to his routine. Unfortunately, she hadn’t anticipated the scrutiny from the SSI office. They argued that the app was essentially a form of cognitive therapy and that Daniel should be receiving this type of service through regional center programs, and that her trust was ‘duplicating’ services. She faced a frustrating battle, having to prove the app provided unique benefits beyond what was already available. The whole ordeal caused significant stress and nearly jeopardized Daniel’s benefits. It was a stark reminder that even seemingly innocuous expenses require careful consideration and proper documentation. She hadn’t included a letter from Daniel’s therapist, explicitly stating the app supplemented his existing therapy and wasn’t a replacement for it.
But then there was young Michael…
Thankfully, the story doesn’t always end in frustration. I recently worked with a family who proactively addressed this issue with their son, Michael, who had autism. They included a subscription to an interactive storytelling app specifically designed to improve social skills and emotional regulation. Before finalizing the trust, we obtained a detailed letter from Michael’s behavioral therapist outlining the app’s therapeutic benefits, how it complemented his therapy sessions, and why it was particularly effective for his unique needs. We also included a provision in the trust document explicitly stating the subscription was intended as supplemental support, not a replacement for existing services. The result? The SSI office approved the expense without question. Michael thrived, and his parents had peace of mind knowing they were providing valuable resources without risking his benefits. It’s a powerful example of how proactive planning and thorough documentation can make all the difference.
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About Steve Bliss Esq. at The Law Firm of Steven F. Bliss Esq.:
The Law Firm of Steven F. Bliss Esq. is Temecula Probate Law. The Law Firm Of Steven F. Bliss Esq. is a Temecula Estate Planning Attorney. Steve Bliss is an experienced probate attorney. Steve Bliss is an Estate Planning Lawyer. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Steve Bliss Law. Our probate attorney will probate the estate. Attorney probate at Steve Bliss Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Steve Bliss Law will petition to open probate for you. Don’t go through a costly probate. Call Steve Bliss Law Today for estate planning, trusts and probate.
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