Dana Perry

Dana Perry

Chambliss, Bahner & Stophel, P.C.

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Gifts to a Special Needs Trust Can Be Larger Than You May Think

The federal gift tax system is one of the most misunderstood concepts in special needs planning, and for good reason: it's incredibly complicated. This complexity has resulted in the propagation of one of the most common...more

2/8/2016 - Estate Planning Gift Tax Special Needs Trust Tax Rates

Senate Bill Would Strengthen Mandate That People With Disabilities Be Integrated in the Community

Senator Charles Schumer (D-NY) recently introduced the Disability Integration Act of 2015 (DIA) in the U.S. Senate. If passed, the bill would require states and health insurers to provide services to people with disabilities...more

2/5/2016 - ADA Health Care Providers Health Insurance Integration Proposed Legislation

What Is the ADA and Why Should You Care About It?

The Americans with Disabilities Act, commonly known as the ADA, is considered one of the most important pieces of civil rights legislation for people with disabilities. Passed in 1990 and amended in 2008, the ADA attempts to...more

2/4/2016 - ADA Closed Captioning Disability Discrimination Equal Opportunities Public Accommodation Telecommunications

'Compassionate Allowances' Process Speeds Up Disability Applications

Applicants for Social Security disability benefits often have to wait months, if not years, before they finally receive a check from the government, even if they are clearly eligible for benefits. However, in certain...more

2/3/2016 - Social Security Administration (SSA) Social Security Benefits Social Security Disability

How Your IRA Can Benefit Both Your Heirs and Charity

Do you want to use your IRA to help a charity, but also benefit your heirs? Instead of leaving your IRA directly to your children, you can leave it to a charitable remainder unitrust (CRUT) while still benefiting your...more

1/16/2016 - Beneficiaries Charitable Remainder Trust Estate Tax Heirs IRA

Should an Annuity Be Part of Your Retirement Planning?

Annuities can be valuable retirement and longevity planning tools, but they are complex financial products that can be misused. There are two kinds of annuities: variable and immediate. Variable annuities have gotten a bad...more

1/14/2016 - Annuities Broker-Dealer Insurance Contracts Retirement Plan Variable Annuities

The Hardship Exception to the Medicaid Penalty Period: Rare But Possible

If you transfer assets within five years of applying for Medicaid, you will likely be subject to a period of ineligibility. There is an exception, however, if enforcing the penalty period would cause the applicant an "undue...more

1/13/2016 - Medicaid Nursing Homes Penalties Transfer of Assets Undue Hardship Waivers

New Federal Budget Ends Two Spousal Social Security Claiming Strategies

The federal budget agreement that President Obama signed into law November 2, 2015, spells the end to two Social Security strategies that some spouses have used to maximize benefits. The strategies were worth tens of...more

12/14/2015 - Bipartisan Budget Popular Retirement Plan Social Security Benefits Spouses Survivor Benefits

What to Do When Your Child Turns 18, Part III: Medical Coverage and Housing

Medical care is one of the most important services, if not the most important service, that a person with special needs may need over the course of her life. The transition from a parent's health insurance to an individual...more

8/10/2015 - Affordable Care Act Affordable Housing Medicaid Medicare Social Security Administration (SSA) Special Needs Children SSDI

What You Need to Know About Applying for Disability Benefits

Applying for disability benefits from the federal government through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs can be a daunting task. Here is a brief overview of how the...more

8/7/2015 - ALJ Appeals Disability Disability Benefits Motion for Reconsideration Retroactive Application Social Security Administration (SSA) Social Security Disability SSDI

Care Committees Help Trustees Make Decisions When They Don't Know It All

Do you know one person who is an expert in disability law, housing, medicine, social work and, on top of all that, knows all of the members of your family and how they interact with one another? If you do, this person should,...more

8/6/2015 - Disability Disabled Children Special Needs Trust

A Short Primer on SSI Income Rules

The rules for how income will reduce a Supplemental Security Income (SSI) beneficiary's monthly benefit can be very confusing. Here is a quick look at how the Social Security Administration (SSA) treats an SSI beneficiary's...more

8/5/2015 - Medicaid Social Security Benefits Supplemental Security Income (SSI)

How Do an Estate's Debts Get Paid?

An executor is the person responsible for managing the administration of a deceased person's estate. One of the executor's main jobs is to pay people or institutions to whom the estate owes money -- the estate's creditors....more

7/8/2015 - Creditors Debt Deceased Estate Claims Executors Federal Taxes Notice Requirements Priority Debt Property Liens State Taxes

Use This Form to Avoid Loved Ones Being Denied Medical Information About You

If you are in the hospital, the last thing you want is for a family member or a trusted friend to be denied information about your condition or prognosis. But this could happen if you haven’t already given authorization...more

7/7/2015 - Forms Health Care Providers Healthcare HIPAA Power of Attorney Releases

Understanding Tenancy: The Different Ways to Co-Own Property

When two or more individuals own property -- whether it's a condominium, a home, or a piece of land -- the relationship between the owners is very important. The form of ownership of the property affects how property is...more

7/3/2015 - Joint Tenancy Property Owners Tenancy by Entirety Tenancy-in-Common

Housing Options for Adults with Special Needs

Fifty years ago, most people with even moderate special needs were institutionalized throughout their adult lives. Now, thanks in part to societal changes and decades of litigation, most people with special needs, including...more

2/9/2015 - Affordable Housing Assisted Living Facility Skilled Nursing Facility Special Needs Adults

Should I Disinherit a Child with Special Needs?

Inexperienced or incompetent estate planning attorneys have a bad habit of telling parents of children with special needs to simply write their child out of their estate plan altogether in order to ensure that the child will...more

2/6/2015 - Beneficiaries Social Security Benefits Social Security Disability Special Needs Trust

House Passes Rule Change Making It Harder to Fund Social Security Disability Trust Fund

In one of its first acts of the new Congress, the Republican-controlled House of Representatives changed its rules to prevent lawmakers from shifting money from the Social Security retirement trust fund to the Social Security...more

2/5/2015 - Legislative Agendas Pending Legislation Social Security

Level of Assets That Spouses of Medicaid Recipients May Keep Rises for 2015

Medicaid law provides special protections for the spouses of Medicaid applicants to make sure the spouses have the minimum support needed to continue to live in the community while their husband or wife is receiving long-term...more

1/13/2015 - Long-Term Care Medicaid Personal Property Spouses

The Overuse of Antipsychotic Drugs in Nursing Homes

Many nursing homes are improperly prescribing antipsychotic drugs to patients even though federal law restricts their use. Almost 300,000 nursing home residents are currently receiving antipsychotic drugs normally used to...more

1/12/2015 - CMS Healthcare NPR Nursing Homes Prescription Drugs

What Happens to Your Online Content When You Die?

More and more of the music, movies, and books we own exist only online, in digital form. What happens to these collections after the owner dies? Surprisingly, while you may want your heirs to have access to the books, music...more

1/9/2015 - Beneficiaries Digital Assets Digital Downloads Digital Media IP License License Agreements

Redo Your Estate Plan When You Remarry

If you are getting remarried, you obviously want to celebrate, but it is also important to focus on less exciting matters like redoing your estate plan. You may have created an estate plan during your first marriage, but this...more

1/8/2015 - Spouses Trust Amendments

Accounting Is Not Only Important - It's Mandatory

Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more

8/11/2014 - Accounting Conservators Fiduciary Duty Guardians Special Needs Trust Trustees Trusts

Private Disability Insurance: Know the Coverage Details

Many employers provide short- and long-term disability insurance for their employees as an important part of their benefits packages. These policies often make an enormous difference in an employee's quality of life if she is...more

8/8/2014 - Disability Insurance Employee Benefits

Choosing a Trustee for a Special Needs Trust

Choosing a trustee is one of the most important and difficult issues in creating a special needs trust (SNT). Trustees must have the necessary expertise to manage the trust, including making proper investments, paying bills,...more

8/7/2014 - Beneficiaries Special Needs Trust Trustees

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