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Sample Letter to Government Agency
Government agency staff sometimes have a hard time understanding the way Special Needs Trusts are treated under their own regulations. Often the problem is that it just does not seem right to some supervisor.
This is a form of a letter that can be sent by a trustee to an agency trying to decide whether a trust is a resource for eligibility purposes.
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Date RE: Leon Aardvark Trust Dear Bureaucrat, Leon Aardvark is a beneficiary of a special needs trust established under 20 CFR Section 416.1246(e) and the Social Security Programs Operations Manual System (POMS) Paragraph 01120.200. The trust was specifically established so as not to create any barrier to eligibility for assistance from federal, state or local entitlement programs. Leon Aardvark is not the owner of the funds held in trust, nor can he direct their disposition. The trustee has sole discretion as to disbursements. The setup of the trust is very comparable to a recipient of public assistance who has family who are willing to assist but unwilling to accept responsibility for the person’s living expenses or other consequences of loss of eligibility for entitlements. The trust does not make disbursements directly to Leon Aardvark. [Discretionary] The trust does not pay for for food or shelter.If I may provide additional information, please contact me. Any assistance you provide Leon Aardvark will be greatly appreciated. I will assist in any way I am able. Sincerely,
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