What set's us apart from most personal injury law firms is our commitment
and compassion to protect the rights of brain injury victims. De Caro & Kaplen, LLP are lawyers
that concentrate their practice on representing victims of traumatic brain damage.
We provide compassionate legal representation to the victims of negligence and their families.
Planning for receipt of large sums of money also raises serious questions concerning eligibility for government
benefits which are dependent upon financial circumstances. Programs such as Medicaid have income restrictions
placed upon individuals. If funds are received without considering Medicaid implications, a claimant runs the
risk of become disqualified from Medicaid and thus losing these important and valuable benefits.
WHAT IS A SPECIAL NEEDS TRUST?
A Supplemental Needs Trust (SNT) sometimes known as a Special Needs Trust is a trust that is designed to
supplement Medicaid benefits instead of eliminating or replacing these benefits. The trust is set up to provide
for a claimant’s needs that are not provided for by Medicaid and to supplement those needs that Medicaid
does provide for.
WHAT YOU MUST KNOW:
- At the time that the trust is set up, if Medicaid has spent any money for the benefit of the claimant,
they first must be reimbursed before the money can go into the trust.
- At the time that the claimant dies, before any money that remains in the trust can be distributed to
beneficiaries, Medicaid must be paid back for the amounts they spent during the lifetime of the trust.
- A trust can only be created for a disabled person under the age of 65.
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Michael Kaplen presents an award to
the St. Barnabus Hospital Auxillary Board
for their work on behalf of the
Brain Injury Association
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WHAT CAN THE TRUST PROVIDE FOR?
- Medical costs of needs not covered by Medicaid
- Expenses for home care attendants not covered by Medicaid
- Rehabilitation expenses not covered by Medicaid
- Special living facilities not covered by Medicaid
- Transportation expenses such as cars and special vans
- Educational equipment such as computers and other learning devices
- Recreational expenses such as vacations or other travel expenses
that will enhance the quality of life for claimants.
- The additional costs of private accommodations in shared
housing units.
DE CARO & KAPLEN, LLP is proud that they were the attorneys
for a claimant in a precedent setting case in New York State which
was one of the first cases in the nation allowing the creation of a
Special Needs Trust.
Traumatic Brain Injury also known as head injury can be caused
by auto accidents, falls from ladders, construction site accidents,
medical malpractice or negligence of any type. All of these tragic
events can lead to concussion, coma, loss of vital oxygen to the
brain, skull fractures, epilepsy, post concussion syndrome, subdural
or epidural hematoma, vestibular dysfunction, loss of taste or smell,
hearing disorders, loss of memory and other cognitive impairments.
