42 THE QUEENS COURIER • HEALTH • SEPTEMBER 2, 2021 FOR BREAKING NEWS VISIT WWW.QNS.COM
health
Far Rockaway hospital unveils new stateof
the-art 3D mammography machine
BY JENNA BAGCAL
jbagcal@schnepsmedia.com
@jenna_bagcal
A hospital in the
Rockaways recently installed
new, state-of-the-art equipment
Elder Law Minute TM
Understanding SSI and special needs trusts
BY RONALD A. FATOULLAH, ESQ.
Supplemental Security Income (SSI) is a federal
program that helps people with disabilities and
very low income pay for food, clothing and shelter.
However, in most states, an SSI benefi ciary who
receives even $1 from the program also qualifi es for
Medicaid health coverage, which can be far more
helpful than SSI’s benefi t itself.
SSI is often confused with Social Security
Disability Insurance (SSDI). One of the main differences
between the two programs is that SSDI
is available to people with disabilities no matter
how much money they have or how much they
earned before becoming disabled (with limits on
their income from work after qualifying for benefi
ts), while SSI places very strict limits on a recipient’s
income and assets.
In order to qualify for SSI, an individual must
be aged, blind or determined to be disabled. This
last requirement is often the hardest for SSI applicants
to meet, in large part because the federal government’s
defi nition of “disabled” is so narrow. In
essence, adult SSI applicants who are seeking benefi
ts based on a disability must show that they are
almost completely unable to work at any job whatsoever.
The applicant must have a physical or mental
impairment that makes it impossible for him to
engage in any “substantial gainful activity,” and this
impairment must be expected to last for longer than
one year or to result in death.
If an applicant is able to engage in substantial
gainful activity, then she will typically not be eligible
ELDER LAW
for SSI. A child applicant must have a physical
or mental impairment that results in marked and
severe functional limitations and can be expected
to last for longer than one year or result in death.
Once an SSI applicant has shown that she is disabled,
she must also prove that she has less than
$2,000 of assets in her name. If the applicant can
use or liquidate an asset to pay for food or shelter,
the asset will probably count as a “resource”
against this limit. A resource would include any
funds held in the applicant’s bank accounts, retirement
accounts, or in cash. If the applicant has
set up a trust that does not meet specifi c requirements,
the trust funds are also counted against the
$2,000 limit.
The applicant’s own home will not be considered
an available resource, and her car is also exempt.
The $2,000 resource limit does not disappear once a
person qualifi es for SSI. If an SSI benefi ciary ends a
month with more than $2,000 in her name, she will
lose her benefi ts in the following month.
SSI recipients receive only a modest monthly benefi
t, and this sum is reduced by any income they
may have. In 2021, the maximum federal SSI benefi
t is $794 a month, although many states add
a small supplement to this amount. In addition,
SSI benefi ts are reduced by $1 for each dollar of
unearned income a benefi ciary receives (such as
interest or dividends), and by $0.50 for each dollar
of earned income (such as wages). SSI benefi ts are
also reduced if an adult benefi ciary lives in someone
else’s home without paying rent, or if he receives
free meals. Finally, the income of the people living
with the benefi ciary can count against the benefi -
ciary. If the benefi ciary’s combined income reduces
her SSI benefi t to zero, she loses SSI, along with any
Medicaid benefi ts that may come with it.
Although SSI’s income and asset rules are highly
restrictive, several types of trusts called “Special
Needs” or “Supplemental Needs” Trusts (SNTs) can
protect an SSI benefi ciary’s assets while allowing
her to maintain SSI eligibility. Relatives and friends
of the SSI recipient can also set up a trust for the
recipient and fund it with their own money.
If properly structured, these trusts will allow an
SSI recipient to continue receiving benefi ts. Any
payments made on behalf of a benefi ciary must
be deposited into the SNT. Assets may come from
many sources, such as a lawsuit, gift, pension, or
annuity. Bank interest and investment dividends
on the trust principal are also considered income.
Records of all income received must be reported
in the annual accounting each year. If the benefi -
ciary receives SSI benefi ts, they cannot be deposited
into the SNT account, as this violates the rules
of the SSI program. If the benefi ciary is capable of
managing her own SSI funds, she should deposit
the funds into an account in her own name. If the
benefi ciary is incapable of managing her SSI funds
and a trustee has been named by the Social Security
Administration as the benefi ciary’s “representative
payee,” the trustee must follow the rules of the SSI
program, and deposit the funds into an account
titled “(benefi ciary’s name) by (trustee’s name), representative
payee”.
SSI is a very complicated program. Therefore, it
is important to consult with an elder law attorney
who is knowledgeable and specializes in special
needs planning to guide you or your family through
the complicated process of obtaining and maintaining
SSI benefi ts.
Ronald A. Fatoullah, Esq. is the founder of Ronald
Fatoullah & Associates, a law fi rm that concentrates in
elder law, estate planning, Medicaid planning, guardianships,
estate administration, trusts, wills, and real
estate. The law fi rm can be reached at 718-261-1700,
516-466-4422, or toll free at 1-877-ELDER-LAW or
1-877-ESTATES. Mr. Fatoullah is also a partner with
Brightside Advisors, a wealth management fi rm with
offi ces in New York and Los Angeles.
This summary is not legal advice and does not create
any attorney-client relationship. This summary
does not provide a defi nitive legal opinion for any factual
situation. Before the fi rm can provide legal advice
or opinion to any person or entity, the specifi c facts at
issue must be reviewed by the fi rm. Before an attorney
client relationship is formed, the fi rm must have
a signed engagement letter with a client setting forth
the Firm’s scope and terms of representation.
RONALD FATOULLAH
ESQ, CELA*
to advance its approach
to women’s health care.
On Th ursday, Aug. 18, St.
John’s Episcopal Hospital
(SJEH) unveiled its new 3D
mammography machine
used to detect breast cancer.
Th e new technology helps
hospital clinicians to detect
breast cancer by allowing
them to see breast tissue
details more clearly and
uncover breast cancer that
may have been hidden in
overlying breast tissue.
According to the hospital,
SJEH is now home to the
singular and most advanced
mammography equipment
in the Rockaways.
Data from New York City
Department of Health shows
that breast cancer is the
leading cause of premature
death among individuals
under the age of 65 on
the Rockaway Peninsula.
Additionally, female
breast cancer rates in the
Rockaways are higher than
the overall rates in Queens.
“Th is 3D mammography
machine will provide us with
the best breast imaging available,
and will allow us to
detect breast cancer as early
as possible. Patient survival
outcomes are improved if
breast cancer is detected in
its early stage,” SJEH breast
surgeon Sharon Koehler
said.
In comparison to traditional
2D mammography
machines, which can
reportedly produce unclear
results, false alarms or fail
to detect cancer at all, the
3D machines like the one
at SJEH, enable clinicians to
examine breast tissues one
layer at a time by converting
digital breast images into a
stack of very thin layers for a
radiologist to review.
Th e hospital also revealed
that it is investing in a second
3D mammography
machine that will be housed
at the upcoming Margaret
O. Carpenter Women’s
Health Center, scheduled to
open in early 2022. Th e center
will also feature behavioral
health services, breast
surgery, gynecology and
oncology, imaging, maternal
fetal medicine, nutrition,
OB-GYN and urogynecology.
To schedule an appointment
for a 3D mammography
consultation with a St. John’s
OB-GYN call 718-869-7500.
Photo courtesy of SJEH
St. John’s Episcopal Hospital’s new 3D mammography machine.
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