Thomas Smith Law Firm Hot Springs AR

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Thomas Smith Law Firm Hot Springs AR Thomas Smith Attorney-At-Law, PLLC is a Hot Springs based law firm that services the entire state of Arkansas.

We love the practice of law and especially value the personal relationships we get to build with our clients. Each case is personal, and we pride ourselves in offering a unique level of personal service. Our practice areas are primarily concentrated in the areas of estate planning, business law, real estate, and planning for those with special needs. Our page is dedicated to informing and educating parents, loved ones, and care givers of those with special needs. Families with special needs loved ones have unique challenges, and opportunities. Our law firm has a personal, vested interest in helping families obtain the best long-term care possible for their special needs loved one. Whether it be a guardianship, a special-needs trust, or questions about government benefits we are here to serve you and your family.

Disabled Child Benefits – The Program Every Special Needs Parent Needs to Know About but Usually Doesn’t. Parents and Gu...
10/28/2026

Disabled Child Benefits – The Program Every Special Needs Parent Needs to Know About but Usually Doesn’t.

Parents and Guardians of special needs children concerned about government benefits such as SSI or Medicaid. In Arkansas the CES Medicaid Waiver program is imperative. And in Tennessee ECF Choices managed by TennCare is equally as important. But, often there is a critically important program that we forget about.

SSI, Medicaid, and Medicaid waiver are blessings for many families. They provide a modest source of income, medical care, as well as care providers. Yet all of these programs are means tested (i.e. they have income and asset caps that parents have to plan for). Fortunately, many of our special needs loved ones can become eligible for Disabled Adult Child (“DAC”) benefits. This is a program that effectively lets a disabled adult child draw social security on a parent’s work record. Once a child has received DAC benefits for 24 months he or she will become eligible for Medicare, as opposed to Medicaid.

To become eligible an adult child must 1) be 18 years of age or older, 2) have become disabled prior to age 22, 3) have a parent that is retired, disabled, or deceased, and 4) be unmarried. A child that is eligible for DAC benefits will receive 50% of a parent’s retirement or disability payment. If a parent has passed then the benefit moves to 75%.

The important point to remember is that DAC benefits and Medicare are not means tested. This means that a child whose parent receives $2,000 a month in social security can be eligible for a $1,000 a month DAC benefit and Medicare (after 24 months) without worrying about “means testing”. For many families this is a tremendous blessing that was not on their radar screen at all.

One important key is to show disability prior to age 22. By far and away the best way to do is become eligible for SSI first. This is extremely important not only for showing the onset of disability but also for preserving Medicaid as needed (more on this later).

So, as families plan for the future, it’s important to remember DAC benefits and to determine how they may play a role in your loved one’s future.

Planning for tomorrow starts with a conversation today. We would love to help you with your estate planning and create a...
10/15/2026

Planning for tomorrow starts with a conversation today. We would love to help you with your estate planning and create a plan that reflects your wishes and protects the people you love.

Contact us today to get started!

Arkansas Medicaid Waiver – What Every Parent Needs to Know Being a parent or guardian of a special needs child involves ...
10/02/2026

Arkansas Medicaid Waiver – What Every Parent Needs to Know

Being a parent or guardian of a special needs child involves both blessings and challenges. In many ways being a special needs parent is just like any other. We navigate care giving with work demands. We enroll our children in school. We celebrate their accomplishments.

Yet, special needs parents are also called to learn about a complex interplay of special needs law, means tested government benefits, housing, and other services. Understanding this environment, and how it changes as our children age, can be daunting to say the least. There are myriads of choices, decisions to make, and assessments to make. But one thing is almost for certain. Every special needs parent or guardian in Arkansas needs to apply for Medicaid Waiver as soon as possible.

In Arkansas, we have taken the position that Medicaid Waiver is the primary tool to pay for our special needs love one’s long-term caregiving services. Medicaid Wavier is a specific “flavor” of Medicaid that provides all of the healthcare benefits associated with traditional Medicaid and it pays for care givers to help keep out loved ones at home or as independent as possible. Recipients of Medicaid Waiver receive services through an agency of his or her choosing (e.g. First Step, Easter Seals, Pathfinders, etc.) The agency helps provide case management services and employees caregivers to help in a setting that makes sense.

If you are a special needs parent or guardian in Arkansas, and you haven’t applied for waiver services, get started now! The process is long and it takes a lot of work. But you will be glad you started to process to accessing services that can serve your child or loved one for the rest of their lives.

09/28/2026
09/21/2026

Navigating the disability claims process is now easier with new features in your personal my Social Security account. You can submit information online, track …

09/07/2026

If you or someone you care about is living with a serious medical condition, you understand how crucial it is to receive timely support. The Social Security …

Address

508 Ouachita Avenue, Suite D
Hot Springs, AR
71901

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+15015668087

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