Monday, April 03, 2006
"Steve Rhatigan goes to Washington"
For Immediate Release
Office of the Press SecretaryMarch 27, 2006
Personnel Announcement
President George W. Bush today announced his intention to nominate Steven C. Rhatigan of Texas to the President’s Committee for People with Intellectual Disabilities (PCPID), formerly The President's Committee on Mental Retardation (PCMR). PCPID is a federal advisory committee, established by presidential executive order to advise the President of the United States and the Secretary of The Department of Health and Human Services on issues concerning citizens with intellectual disabilities, coordinate activities between different federal agencies and assess the impact of their policies upon the lives of citizens with intellectual disabilities and their families.
It is estimated that between 7 and 8 million Americans of all ages, or three percent of the general population, experience intellectual disabilities. Nearly 30 million, or one in ten families in the United States, are directly affected by a person with intellectual disabilities at some point in their lifetime. Intellectual disabilities present a major challenge to the social, educational, health, and economic systems within the United States.
The President’s Committee for People with Intellectual Disabilities was first established in 1966 by Executive Order to focus on this critical subject of national concern. Since 1966, the Committee has fostered State planning, stimulated development of strategies, policies and programs and advanced the concept of community participation in the field of intellectual disabilities. To continue to best fulfill its purpose, the President has adopted several national goals in order to better recognize and uphold the right of all people with intellectual disabilities to enjoy a quality of life that promotes independence, self-determination, and participation as productive members of society. These goals include the assurance of full citizenship rights of people with intellectual disabilities, the provision of all necessary supports to individuals and families, the reduction of the occurrence and severity of intellectual disabilities and the promotion of the widest dissemination of information of models, programs, and services within the field of intellectual disabilities.
Steven C. Rhatigan of The Woodlands, Texas brings a unique perspective to PCPID based on 25 years of planning and advocacy experience across the spectrum of disabling conditions. In addition to his life planning practice, he is a frequent speaker on the issues facing this unique and diverse population. He has served on numerous boards and committees including the advisory board for The Texas Department of Mental Health and Mental Retardation; President of The Mental Health Association of Greater Houston and President of the Houston Association of Insurance and Financial Advisors. He currently maintains active membership in over 20 disability support groups.
Mr. Rhatigan has been married for 30 years to his wife Sharon and they have two grown children.
For additional information, contact:
The President’s Committee for People with Intellectual Disabilities
The Aerospace Center, Room 701
370 L'Enfant Promenade, S.W. Washington, DC 20447
Telephone (202) 619-0634
Monday, September 05, 2005
Upcoming Family to Family events in Houston
EASY ACCESS TO HEALTH
INFORMATION
Please join us as Health Sciences librarian, Beatriz Varman, demonstrates how to easily find reliable health information on the Internet. Internet access and hands-on assistance will be available, so feel free to bring your questions!
Dates: August 19, 2005
October 14, 2005
November 4, 2005
December 9, 2005
All of the trainings will be held from 10:00 a.m. – noon at the Family to Family Network office located at 13150 FM 529, Suite 106
Houston, TX 77041 (corner of FM 529 and N. Eldridge).
There is no charge for the trainings, but space is limited. To attend, RSVP at least 2 days prior to the training date at
713-466-6304. Thank you!
http://www.familytofamilynetwork.org/
http://resource.library.tmc.edu/family
Tuesday, August 23, 2005
Saturday, June 25, 2005
Social Security Disability Insurance for Disabled Adult Children
Ø You are 18 years of age or older, and
Ø You have a disability that began before age 22, and
Ø You have a parent who has worked and earned enough credits and that parent is retired, deceased or has a disability, and
Ø You are not working or working but earning less than $585 per month.
If your disabled person meets these eligibility requirements then they will begin receiving a cash benefit equal to 50% of your social security retirement benefit and 75% of that benefit after your death. This is subject to the family maximum, so it may be lower depending on the number of your eligible dependants.
Example:
Primary recipient = $ 2000 per month at 100%
Spousal recipient = 1000 per month at 50%
Disabled Adult Child = 1000 per month at 50% (not to exceed the family maximum of $3500. Their benefits are reduced to $750 until the death of a beneficiary.)
They also receive Medicare A & B. If they have been previously covered through SSI and Medicaid, then:
Ø There is no waiting period for the Medicare; and,
Ø Medicaid continues plus pays the Part B premiums and all deductibles and co pays for Medicare if their benefit is below $917 (for 2005).
For more information go to: www.ssa.gov
Review, Revise and Strenghten.
It is imperative to keep your comprehensive estate plan with special needs provisions updated, especially related to asset distributions. Many folks fail at this important task because of the mistaken belief that the legal documents need to be amended or rewritten. No one relishes additional legal fees.
In reality, the majority of distributions at death do not pass according to the will but are distributed by the beneficiary declarations for your life insurance, IRA’s, 401K’s and annuities. The result is that you can fine tune your plan by adjusting the distribution %’s for your intended beneficiaries.
To affect this type of update, your financial consultant or estate planner should be asked to reassess the financial profile for your special needs child on a regular basis to accommodate any variances that have, or may, occur. This will then alter the present value figure for your death plan. With this new figure, you can use the simple Change of Beneficiary form to increase funding to the required areas (i.e. the Special Needs Trust).
Surprisingly, many plans are under funded by over 100% and micro-economic faults are the cause. Many financial plans:
-Understate actual living expenses
-Use static interest assumptions,
-Ignore the internal costs of money management,
-Fail to account for taxes, and
-Disregard cost of living increases.
Since today’s disabled population will live to ages closer to normal mortality expectations, many trusts are established with cash flow projections of fifty years or more. What happens if an improperly funded trust terminates in 20 years while the beneficiary still has 30 years more to live? In a word, disaster!
Funding for your child's futute.
þ Mortality- how long might your child live based on their unique situation.
þ Morbidity- what extraordinary costs could they incur due to their physical or developmental impairment.
Many inexperienced planners only focus on mortality as the baseline for the financial assessment. Too often, they compound that error by ignoring the dynamic nature of cost of living increases which affect special needs specific expenses. Taken together, this can greatly undervalue the true funding requirements.
Morbidity deals with deviation. In this case, it asks, “What changes will take place in the care needs of my child as they progress down their mortality line?” Seen as a chart it would look like this:
The triangle formed by the deviation can ad a significant sum to the funding amount. Disregard it at your, and your child’s peril!
Health Insurance Premium Payment Plan
What is HIPP?
The Health Insurance Premium Payment Program (HIPP) is a Medicaid program that pays for the cost of Medical Premiums. The Program reimburses clients or employers for private health insurance payments for Medicaid eligible persons when it is cost effective.
Why would I want HIPP?
HIPP will pay for your private health insurance program.
Members of your family who are not eligible for Medicaid may be covered under HIPP.
Health Insurance paid through HIPP may cover services that are not covered under Medicaid
How will the Premiums be paid?
Once your eligibility has been determined, the State Contractor, Texas Medicaid, and Healthcare Partnership (TMHP) will pay or continue to pay for private health insurance premiums as long as you or a member of the family is eligible for Medicaid and the private insurance has been determined to be cost effective.
How do I apply?
For more information, contact the HIPP program at 1-800-440-0493.
The "Widow's Transfer"
For many of the older generation, the issue of the long term care of their disabled child was seldom addressed in terms of dollars and cents. It was, and is, a matter of total commitment to do what is necessary on a daily basis. When those tasks exceeded the ability of the caregiver, many looked to private residential placements for accommodation. As part of this transition most communities performed some type of financial analysis to evaluate the sponsor’s ability to pay the expected costs. Many of these financial reviews, in hindsight, fell short in projecting both the inflation factors for care, the life span of the resident and the ability of sponsor to cover those dynamic costs over a lifetime, both theirs and the resident’s.
Today, many of parents are watching as their assets fall to levels that are worrisome and threaten both their lifestyle needs and that of their child’s. Their greatest fear then becomes “What if I have a catastrophic event and all of my money is used for my care? What will be left for my child?”
One possible solution may be a little known rule in Medicaid planning, which combined with special needs trust regulations, allows for instant asset protection. This law allows for a parent to transfer some or all of their assets to an existing special needs trust without incurring any personal transfer penalty. This would allow that parent to safeguard their remaining assets for their “resident” child while immediately qualifying themselves for Long Term Medicaid coverage. This is the Medicaid that pays for nursing home care.
To use this rule the trust had to be created by a parent or grandparent and be “a living trust”, able to accept current deposits.
One additional planning note; since individuals may lose their capacity to make rational decisions due to some form of dementia, it is imperative to have this subject well defined in a Durable Power of Attorney document to insure that it is fulfilled.
It is advised that an experienced Elder Care attorney be consulted on this and other life planning issues.
Monday, December 13, 2004
Trustee for a son with a brain disorder.
Question: Should I name my daughter to be her older brother's trustee?
Answer: Probably not is you really love her.
Most people underestimate the complex tasks that a trustee must perform. The three main duties are:
1.Invest assets in a tax efficient way over a long period of time.
2.Distribute needed funds in a tax efficient way that does not undermine social security rules.
3.Report taxable activity to the IRS.
From my experience, most of the trusts that get into trouble are due to gross mismanagement of one or all of these duties. A more compelling reason against her nomination in this case might be that you place her in the unenviable position of constant conflict with her brother over the proper use of the money. If he gets it into his head that he wants something that she doesn't feel is a justified use of the funds there may be a conflict arise that could break the familial link that you hoped would always be there for him. Also, if he tends toward aggression, she could be in harms way. In the end, she may decide to cut and run.
My advice would be to use a professional trust company to handle the 3 tasks and name your daughter as Trust Advisor. This method will relieve her of the management burdens while still maintaining control over the trust managers. Now, if he wnats something outlandish she can tell him that it's out of her hands. This should keep her involved in his life, which is what you wnated in the first place.
Wednesday, December 01, 2004
Social Security problem.
Answer: Yes you can.
Continuing Medicaid after SSI goes away.
§15.466(a) — Type Program 18. Individuals 18 and older who were denied SSI benefits on or after July 1, 1987, because of entitlement to or an increase in RSDI disabled adult children's benefits may be eligible for Medicaid if they otherwise would meet all current SSI eligibility criteria in the absence of those disabled adult children's benefits. Eligible individuals are also entitled to the exclusion of subsequent increase in those benefits.
To be eligible, an individual must
1. be at least 18;
2. have become disabled before 22;
3. be denied SSI benefits because of entitlement or an increase in RSDI disabled children's benefits received on or after July 1, 1987, and any subsequent increase; and
4. meet current SSI criteria if the children’s benefit is excluded.
If you are preparing to start on Social Security, you should contact SSA and inform them of your change in status and that you have a dependant receiving SSI and Medicaid. Tell them that you are aware that your dependant will be able to continue Medicaid under Type Program 18. This is usually all it will take to make the change. If you encounter any trouble, ask for an Aged and Disabled Specialist in the SSA office.
Your dependant will be eligible for Medicare and the 24-month waiting period will be waived due to the previous Medicaid coverage. Also, ask if they will be QMB eligible. More on that in a later posting.


