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FROM THE KNOWLEDGE BANK
Click here for the federal statute and the SSA POMS providing that Medicaid eligibility should continue for an SSI recipient who loses eligibility as a result of increased monthly income due to eligibility for Disabled Adult Child benefits. The document is courtesy of Florida ASNP member David Lillesand.
Normally a disabled person loses Medicaid benefits when SSI is terminated. However, Congress created a special exception to this general rule [Section 1634(c) of the Social Security Act], requiring the states to continue Medicaid if a person who was receiving SSI and Medicaid loses the SSI due to an increase in his or her monthly income due to new eligibility for Disabled Adult Child benefits under Title II of the Social Security Act. (A disabled adult child becomes eligible for Title II Social Security Disability Insurance Benefits on one of his parent’s Social Security record when he has a parent who is deceased, retired, or disabled.)
The attached federal statute and the SSA POMS (see POMS SI 01715.015 Special Groups of Former SSI Recipients, paragraph B.4.) direct that an adult disabled child in this category is regarded as a member of a “special group of former SSI recipients” who may keep their Medicaid benefits even though they lose their SSI. The attachment also includes the State of Florida’s ESS Manual section requiring the state to follow federal law.
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The Company agrees to insert Information (as defined below) about the Firm in the Company's Website located at http://www.elderlawanswers.com or www.specialneedsanswers.com or both (the "Website"), provided that the Company reserves the right not to list any and all Information that it deems, in its sole discretion, inappropriate, offensive or detrimental to the operation of the Company's business. Listing the Information on the Website neither includes submission of the Website or Web Page to Internet search engines nor guarantees that the Web Page will be included or ranked in a particular order in the search results of any or all Internet search engines.
"Information" in this Agreement means all information provided by or on behalf of the Firm to the Company in electronic format only.
"Web Page" in this Agreement means the Information, together with any accompanying graphic or design elements, as inserted in the Company's Website. The Company is not responsible for any errors or omissions in the Web Page. The Company is not responsible for any errors or omissions in the Template. It is the exclusive obligation of the Firm to ensure that the Web Page is free of errors and omissions.
The Company hereby grants to the Firm permission for the limited use of republishing, in print or electronic format, all articles or text ("the Content") authored by the Company specifically for the product(s) to which the Firm subscribes (for purposes of clarity, this refers to either ElderLawAnswers or Academy of Special Needs Planners), provided that (a) the Firm's subscription with the Company has not expired or been deactivated for non-payment, or breach of agreement as stated herein and (b) the Firm does not re-sell the Content or (c) use the Content for any other purpose than to promote the Firm; (d) the Firm does not use the Content to promote any ancillary business to the firm. The Company retains all copyrights and ownership of the Content entitled by law, implied or otherwise and reserves the right to terminate this Content License as stated herein, at any time.
The Information will be listed for a period of one (1) year ("Term", which shall include each renewal term) beginning on the date of registration by the Firm. On each one (1) year anniversary of this date (each a "Renewal Date"), this Agreement will be automatically renewed for an additional twelve (12) months, unless either party gives thirty (30) days’ written notice to the other prior to the expiration of the then current Term stating that the notifying party wants to terminate this Agreement. Written notice may be by email to support@elderlawanswers.com.
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1. The Firm listed on the Web Page (a) has at least three (3) years of experience practicing elder law as a principal area of practice, or (b) can demonstrate an equivalent of experience in elder law by way of on-going education, training or other practical experience deemed acceptable to the Company;
2. The Firm is entitled to post the legal services described in the Information on the Web Page;
3. Each attorney listed on the Web Page is duly licensed and qualified to practice law in the state in which he or she is listed;
4. Each attorney listed on the Web Page is in good standing in all states in which such attorney is licensed and qualified to practice law;
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8. The person executing this Agreement on behalf of the Firm is a partner or owner of the Firm, duly authorized to execute this Agreement on behalf of the Firm.
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2. That every trust administrator listed on the Web Page has been recommended by an ASNP subscriber who is not also a member of that trust administrator’s company.
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1. to comply with all laws, rules and regulations applicable to it, him or her in each state and jurisdiction in which he or she is licensed and qualified to practice law;
2. to use the Website and the Web Page in compliance with U.S. law and any other applicable laws, rules and regulations;
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In addition to any other rights and remedies at law or in equity, the Company reserves the right to terminate this Agreement and remove the Web Page without prior notice (a) if payment of the Listing Fee is Past Due; (b) if the Firm breaches any term or condition of this Agreement, provided, the Company shall use commercially reasonable efforts to notify the Firm of such removal and termination and in the case of a breach under clause (b), the Firm shall have fifteen (15) days from the date of such notice to cure the breach; and (c) if the Company determines based on feedback from consumers that the Firm or any of its listed attorneys does not meet the standard of practice desired of subscribers of the Website. "Past Due" means the annual Listing Fee (paid once a year or in 12 equal installments, once a month) is not received by the Company on or before the 30th day from which the payment is due. If a breach is cured to the satisfaction of the Company, in its sole discretion, the Company shall re list the Web Page and restore any suspended service in accordance with the terms of this Agreement. In case of a permanent removal of the Web Page and cancellation of this Agreement, the Company shall reimburse the Firm for any Listing Fees theretofore paid for the remainder of the current Term on a prorated basis. Other than as stated in the immediately preceding sentence, the Company does not give any refunds.
The Company intends, but does not guarantee, that the Web Page will be operational 24 hours per day, 7 days per week, 365 days per year. The Website and Web Page may not be hosted on the Company's own servers, and the Company depends on a hosting service provider to keep the Website and Web Page operational. Notwithstanding anything to the contrary in this Agreement, the Company's obligation to keep the Website and Web Page operational is subject to the delivery and limited by the scope of hosting services provided to the Company by its hosting service. Interruptions in service demonstrably due to a failure of the Company's or its hosting service provider's web servers ("Interruptions") that last twenty-four (24) continuous hours or less will not be compensated. Interruptions that last more than twenty-four (24) continuous hours will result in an extension of the Term of this Agreement equal to the duration of the Interruption (the "Extension of Service") not to exceed 30 (thirty) days. AN EXTENSION OF SERVICE IS THE FIRM'S SOLE REMEDY FOR AN INTERRUPTION IN SERVICE, AT LAW AND IN EQUITY.
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Any disputes that arise between the parties with respect to the performance of this Agreement shall be submitted to binding arbitration in the State of New Jersey, County of Hudson by the American Arbitration Association, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the judgment upon the award be entered in any court having jurisdiction thereof. The parties hereby agree to share equally in the costs of said arbitration except that in the discretion of the arbitrator, any award may include the cost of the party's counsel if the arbitrator expressly determines that the party against whom the award is entered has caused the dispute, controversy or claim to be submitted to arbitration as a frivolous or dilatory action.
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