Newsletter
January 2026

On behalf of the staff at CCT we wish everyone a Happy New Year and may 2026 be all that you wish for and more!! 

In our own fast-paced lives we do not necessarily take the time to reflect on how we are making a difference in the lives of those we serve. What I especially enjoy when reading our monthly Newsletter is the opportunity to reflect and appreciate the pictures and testimonials of the professionals that we work with and the clients we serve. 

This month we are focusing on the Charitable Fund Award (CFA), an opportunity to support individuals who are disabled, are living at the poverty level, and do not have the benefit of a special needs trust and nongovernment financial resources.  Applicants are nationwide coming from nonprofit organizations and state agencies that serve people with a disability. The applications can be heart wrenching, and the staff and board members of CCT who review and score the applications have a rewarding and challenging job.  Each application is scored by two people, and the highest scores will be approved for funding of services and equipment. Read the article to learn more about this meaningful opportunity.

In addition, read about the advantages and differences between a First-Party Pooled Special Needs Trust (PSNT) and the Settlement Preservation Pooled Trust (SPPT).  What does d(4)C mean? Jessica Morris’s article and much more...

We especially appreciate you taking the time to read the Newsletter and let us know if you have any questions or how we can be of assistance. 

Welcome Sean Murphy, Esq., Counsel at CCT whose first day was January 20, 2026.  His knowledge, skills and experience enrich CCT, and his personable manner invites conversation and the desire to help. 

Sean Murphy, Esq., Counsel

With gratitude for the opportunity to serve our clients and the trust you have in us,

Joanne Marcus, MSW 
President & CEO

jmarcus@trustCCT.org | 804-740-6930

Our staff are available to answer questions and provide support.

From a Pair of Boots to a National Impact: The Heart Behind CCT’s Charitable Fund Award

CCT’s Charitable Fund Award began with a simple but powerful act of generosity. When CCT was first established, founding board members were concerned when people with a disability who were indigent did not have the benefit of a trust fund. An immediate need for an individual who lacked something most take for granted was identified, a warm pair of winter boots. These members came together, collected funds, and ensured that the need was met. This response although seeming small, made a difference and sparked a larger idea. Joanne Marcus, MSW, President and CEO understood this vision and established a structured way to help continue to meet essential, unmet needs for these individuals.

From that single pair of boots, the Charitable Fund Award (CFA) was born.

Over the years, the CFA has grown into a meaningful, mission-driven program that provides one-time financial assistance to individuals with disabilities who demonstrate need. To date, the CFA has distributed more than $1.18 million, providing equipment and services that enhance independence, safety, and quality of life. 

Awards of up to $1,000 per individual can be used for items and services not covered by public benefits, insurance, or other funding sources. These include assistive technology, mobility and accessibility equipment, dental or vision care, therapeutic support, and other essential quality-of-life needs. The CFA’s focus remains the same as it was at the beginning: meeting real, immediate needs that make a tangible difference. 

Funds remaining upon the death of the beneficiary of a first-party special needs trust and are not owed to payback Medicaid or disbursed to the remainder beneficiaries are thoughtfully reinvested into the community.  This allows generosity to live on and help others long after a trust has served its original purpose. This approach reflects CCT’s long-standing commitment to careful stewardship leading to meaningful impacts. 

It is important to note that this program is not for individuals who have a trust. Instead, it serves people who are indigent, qualify for means-tested benefits such as SSI or Medicaid, and have unmet needs that are not covered by public benefits or insurance. 

Applications are submitted by nonprofit organizations or public agencies on behalf of individuals, and funds are paid directly to vendors. This structure ensures thoughtful stewardship of charitable resources while complementing, not replacing, existing support systems. 

Applications are nationwide, submitted by nonprofit organizations or public agencies on behalf of individuals, and funds are paid directly to vendors. This structure ensures thoughtful stewardship of charitable resources while complementing, not replacing, existing support systems. 

As the CFA continues to grow, CCT welcomes connections with national and/or local nonprofit organizations and public organizations that serve individuals who are disabled and meet the poverty guidelines. If you work with or know of an organization supporting individuals with disabilities who experience financial hardship, we encourage you to share information about this worthwhile program. 

What began with a “simple” pair of boots has become the CFA, a lasting expression of CCT’s mission - turning compassion into action and ensuring that “small” acts of kindness continue to grow into a large and meaningful difference. 

The Differences Between First-Party Pooled Special Needs Trusts & Settlement Preservation Pooled Trusts 

As professionals, whether attorneys, settlement planners, financial advisors, or otherwise, a significant part of our job is knowing what options are out there, so we can guide our clients to the correct tools to accomplish their objectives.

The article will draw the distinction between two useful pooled trust options that can help your clients: First-Party Pooled Special Needs Trusts (First-Party PSNTs) and Settlement Preservation Pooled Trusts (SPPTs). 

CCT administers both of these types of trust. Both types are funded with money belonging or owed to their beneficiaries, and both are commonly established to receive personal injury awards and settlements, including structured settlements and annuities. Knowing how they differ and when each is best used will help you give your clients the best possible guidance when they are considering how best to safeguard an award or settlement. 

The criteria for a First-Party PSNT is whether the individual has a disability as defined by the Social Security Administration – that is, he or she has a medically determinable physical or mental condition that has either lasted or is expected to last for a continuous period of at least 12 months, or is expected to result in death, and that prevents the client from engaging in substantial gainful activity. If so, and if he or she either receives or plans to apply for means-tested government benefits, such as Medicaid or Supplemental Security Income (SSI), then the answer is CCT’s First-Party PSNT.  The First-Party PSNT will not jeopardize means-tested benefits and benefits people that may not be able to manage the funds themselves. 

The criteria for a SPPT, commonly referred to as a HEMS (for health, education, maintenance and support) trust, is whether the individual is vulnerable.  The individual does not need to meet the SSA definition of disability. A minor is vulnerable because of age, and an adult may, for example, have substance abuse issues of borderline intellectual or mental health issues and can benefit from trust administration services. 

The advantage of the SPPT for a minor who may at some point become disabled is that the funds can be converted to the First-Party PSNT.  The other advantage is when the minor becomes an adult, the funds can be disbursed to the beneficiary at whatever age is identified in the court order or the Joinder Agreement, our legal document to join. 

The advantage for the vulnerable adult who does not meet the definition of disability but needs assistance managing funds is that there are protections against predators. 

Whether a Pooled First-Party Special Needs Trust or the Pooled Settlement Preservation Trust, the CCT staff are experienced and always have the best interests of the beneficiary in mind. 

CCT’s knowledgable New Clients team is always happy to talk through the details of a given client and clearly lay out the appropriate options to help guide your professional decision-making and enable you to give the best possible advice to your clients. 

Our Client Services Staff Who Sets Us Apart

Written by 

Jessica Morris, LCSW 

Client Services Manager 

One advantage of creating a pooled special needs trust (PSNT) is that the beneficiary can remain eligible for asset-based benefits, including Medicaid coverage. This advantage is particularly crucial as many beneficiaries require extensive medical services which personal resources or trust funds may not be adequate to cover for the long term. CCT’s objective is to ensure the trust lasts as long as possible to provide the beneficiary with a standard quality of life. 

 If someone passes away before their trust is fully spent, beneficiaries of first-party PSNTs have an obligation to pay back the states where Medicaid paid for their medical expenses. This is a requirement under federal law, which prohibits payments to remainder beneficiaries until Medicaid is fully paid. This rule applies to first-party PSNTs only.  Third-party PSNTs have no obligation to pay back Medicaid and CCT’s policy is to disburse funds to remainder beneficiaries named in the Joinder Agreement, the legal document to join. 

For first-party PSNTs the federal law allows a nonprofit organization that administers pooled special needs trusts the opportunity to retain the funds instead of paying back Medicaid with the objective of furthering their charitable purpose. Many states support the federal government rule, but some have implemented their own rules on how the remainder funds are handled. 

CCT’s policy for first-party trusts is to pay back Medicaid, and the remaining funds are disbursed to the successor beneficiaries named on the Joinder Agreement. When Medicaid is owed more than what is remaining, CCT retains the funds to further our ongoing assistance to individuals who are disabled and/or vulnerable. 

When CCT was founded by volunteers in 1990, their vision, which continues today, was to use the remainder to finance our Charitable Fund Award. This scholarship-type program provides a variety of life enhancing supports for disabled and/or vulnerable individuals who do not have the resources to pay for services or items they need. Examples include assistive technology, electric wheelchairs, dental work, and specialized camps or therapies. 

We at CCT take great pride in our commitment to the disabled/vulnerable community and the over one million dollars already invested in these worthy individuals through our Charitable Fund Award. 

Conferences & Presentations

January

January 14, 2026 | Richmond Board of Trust Administrators – Presentation by Ben Tiefenback, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations

January 18, 2026 | Friendship Circle of Virginia – Annual Disability Expo

January 21, 2026 | My Law CLE – Webinar – CLE Presentation by Joanne Marcus, MSW and Ben Tiefenback, Esq. – Protecting Public Benefits in Estate Plans, Trusts, and Settlements: A Practical Guide for Attorneys

January 22, 2026 | Minnesota State Bar Association – Webinar – CLE Presentation by Ben Tiefenback, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations

January 28, 2026 | Interactive Legal – Webinar – Presentation by Ben Tiefenback, Esq. – Using Pooled Trusts as a Safety Net when Drafting Estate Plans. Open to the Public, feel free to register. 

February

February 5, 2026 | West Virginia Charleston Estate Planning Council – Presentation by Kaylan Hood

February 5-6, 2026 | West Virginia Association for Justice – Mid-Winter Convention

February 6, 2026 | Arkansas Bar Association – NW Winter Conference - CLE Presentation by Thomas Smith, Esq. – Basics of Pooled Special Needs Trusts

February 11, 2026 | Fairfax Bar Association – Presentation by Rachel Baer, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations

February 12, 2026 | The Greater Longview Estate Planning Council – Webinar – Presentation by Ben Tiefenback, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations

February 22-24, 2026 | Society of Settlement Planners – Annual Conference  

March

March 3, 2026 | Iowa Association for Justice – IAJ Personal Injury Seminar – Virtual Presentation by Ben Tiefenback, Esq. – Personal Injury Settlements for Clients with Disabilities and Preserving Means-Tested Government Benefits

March 5-6, 2026 | Virginia Academy of Elder Law Attorneys – VAELA UnProgram

March 5-7, 2026 | Nevada Justice Association – Embrace Your Inner Bad-Ass Seminar

March 10, 2026 | Virginia Law Foundation – Webinar - Replay of Virtual Presentation by Benjamin Tiefenback, Esq. – Protecting Vulnerable Plaintiffs

March 19-21, 2026 | Virginia Trial Lawyers Association – Annual Convention

March 26-28, 2026 | Special Needs Alliance – SNA Spring Meeting

(Click the Image to Watch the Video)

Our staff are available to answer questions and provide support.