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New Special Needs Trust Rejection Policy

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In the past when the Social Security Administration determined that a proposed special needs trust for a Supplemental Security Income recipient was rejected no explanation was given for the rejection. This made it difficult for applicants and their legal advisors to correct any problems.

In a good move, the agency has changed course as Special Needs Answers reports in "New SSA Policy Makes It Easier to Understand Why Your Special Needs Trust Was Rejected."

In an emergency message to its personnel the agency declared that field workers will now need to cite specific reasons for rejecting a special needs trust. Unfortunately, this will still leave some confusion for many people. The applicants only need to be told what section of the Program Operations Manual System was used to determine the rejection of the trust.

This manual is the field guide used by SSA personnel and often contains dense legalese.

While it would have been better if the agency had required that explanations be made in plain English that applicants can understand, this new policy is a step in the right direction. Applicants who are rejected and who need help understanding the reasons why should consult with a special needs trust attorney about any confusion.

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