A personal injury settlement can cost the person who receives it their government benefits. SSI and Medicaid are means tested: if your countable resources rise above a small limit, you lose eligibility until they come back down. A special needs trust (SNT) holds the settlement so that it does not count as your resource, and pays for things that supplement, rather than replace, what the benefits cover.

TL;DR.

SSI’s resource limit is $2,000 for an individual. A first party SNT under 42 U.S.C. §1396p(d)(4)(A) can hold a disabled person’s settlement without counting against that limit, if the person is under 65, the trust is for their sole benefit, and Medicaid is repaid from what is left at death. Pooled trusts run by non-profits and ABLE accounts are alternatives.

The limit that makes a trust necessary

The Social Security Administration’s operating manual sets out the SSI resource limits: $2,000 for a single individual and $3,000 for an individual with a spouse, figures that “have not changed since 1/1/89.” Settlement money paid straight to you is generally a countable resource once it is in your account. For many people on SSI, Medicaid eligibility is tied to SSI, so losing one can mean losing the other.

The first party (d)(4)(A) trust

Federal law carves out “a trust containing the assets of an individual under age 65 who is disabled… established for the benefit of such individual by the individual, a parent, grandparent, legal guardian of the individual, or a court if the State will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual.” That last condition is the Medicaid payback.

SSA applies the exception strictly. Its manual requires that the trust be for the sole benefit of the disabled person: a trust that pays benefits to other people during the person’s lifetime, or that can be ended early outside the permitted terms, loses the exception. SSA’s rules also show a change in who may set the trust up: for trusts established before December 13, 2016, it had to be a parent, grandparent, legal guardian or court; the current statute adds the disabled person themselves.

Types of trust and account

TypeWhose moneyKey conditionAuthority
First party (d)(4)(A)The disabled person’s own settlementUnder 65; sole benefit; Medicaid repaid at death42 U.S.C. §1396p(d)(4)(A)
Pooled trust (d)(4)(C)The disabled person’s assetsEstablished and managed by a non-profit association42 U.S.C. §1396p(d)(4)(C)
Third party trustSomeone else’s money, such as a parent’sOutside (d)(4)(A), which covers the person’s own assets42 U.S.C. §1396p(d)(4)
ABLE accountThe beneficiary or familyDisability began before age 46; state repaid from the balance at death26 U.S.C. §529A

Choosing between the options

Age is often the first filter. A first party (d)(4)(A) trust is limited by statute to a disabled person under 65. An ABLE account is open only where the disability began before age 46, the limit Congress raised from 26. A pooled trust, established and managed by a non-profit association, is an alternative to a stand alone trust with its own trustee.

The second filter is what happens at death. A (d)(4)(A) trust and an ABLE account both send the remaining balance to the state, up to what Medicaid paid. Money that a parent or other relative puts into a separate trust of their own is not the disabled person’s asset, so it sits outside the (d)(4)(A) rules. Some families use both: the settlement goes into a first party trust, and relatives leave their own gifts to a separate trust.

A worked illustration

This is an illustration of how the rules interact, not advice on any real case. Suppose a 30 year old who receives SSI and Medicaid settles an injury claim for $150,000.

StepMoney paid to the personMoney paid into a (d)(4)(A) trust
Countable resourcesWell above the $2,000 limitThe trust is not counted if it meets the conditions
SSI and MedicaidAt risk until the money is spent downCan continue
How money is usedAny purposeFor the person’s sole benefit, under the trust terms
At deathPasses under the person’s will or state lawState repaid up to the Medicaid it paid; any rest under the trust terms

Timing matters. Arranging the trust as part of the settlement, often with court approval where the injured person is a minor or lacks capacity, avoids a gap in which the money sits in the person’s own name. Our structured settlement tax guide explains how periodic payments can be combined with a trust.

Frequently asked questions

What is a special needs trust?
A trust that holds money for a person with a disability in a way that does not count against the resource limits for means tested benefits such as SSI and Medicaid. A first party trust holding the person’s own settlement must meet the conditions in 42 U.S.C. §1396p(d)(4)(A).
Why does a settlement put SSI at risk?
SSI has a resource limit of $2,000 for an individual and $3,000 for a couple, unchanged since January 1, 1989. Settlement money you hold directly is usually a countable resource, so even a modest settlement can take you over the limit.
What is the Medicaid payback?
A (d)(4)(A) trust must provide that the state receives what is left in the trust when the beneficiary dies, up to the total medical assistance Medicaid paid for them. ABLE accounts have a similar rule under 26 U.S.C. §529A(f).
Can I set up the trust myself?
Under the current statute the trust can be established by the disabled person, a parent, grandparent, legal guardian or a court. SSA’s rules show that for trusts set up before December 13, 2016, the person could not establish it themselves.

Sources

Editorial note. This guide explains SNT structures. It is not legal or financial advice. See our full disclaimer.
📌Cite this article: “Setting Up a Special Needs Trust from a Settlement.” MyClaimWorth.com, May 2026. https://myclaimworth.com/articles/special-needs-trust-from-settlement