The proposed bill, which is called the Disabled Military Children Protection Act, would allow veterans to use their retirement pay to fund a special needs trust (SNT) for their disabled children. Currently, it is illegal to use military retirement pay for such a cause.
In addition, the bill would also help the special needs children of deceased veterans to be eligible for government assistance programs, including Medicare and Social Security Disability Insurance (SSDI), even after accessing their special needs trust and survivor benefit. Generally, the bill would help veterans care for their disabled children more easily through retirement benefits and survivor benefits while still making certain that their children can qualify for federal assistance programs.
Other sponsors of the bill include Representative Lois Capps, of California, Representative Jared Polis, of Colorado, and Representative Steve Rothman, of New Jersey.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.