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ABLE Accounts: Major Update | Brynne Conroy
FI Fundamentals
Ep. 599 · · 35m 36s

ABLE Accounts: Major Update | Brynne Conroy

ABLE accounts (529A) protect your first $100,000 from SSI's brutal $2,000 asset limit while offering tax-free withdrawals for qualified disability expenses—including housing, food, and transportation....

Hosted by Brad Barrett · Guest: Brynne Conroy
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Millions of Americans with disabilities face an impossible choice: accumulate emergency savings or keep their government benefits. For decades, Supplemental Security Income's $2,000 asset limit trapped disabled people in poverty. But on January 1, 2026, everything changed. The ABLE Age Adjustment Act doubled eligibility for tax-advantaged disability savings accounts—and it opens the door for approximately 1 million newly eligible veterans.

What Are ABLE Accounts and Why Do They Matter?

00:03:30 - ABLE accounts (technically 529A plans) function as specialized savings and investment vehicles for disabled people. Unlike traditional 529 college savings plans, ABLE accounts protect the first $100,000 from SSI's restrictive asset tests. This means disabled individuals can finally build emergency funds without losing critical benefits like healthcare coverage and cash assistance.

The accounts offer meaningful tax advantages: contributions grow tax-free, withdrawals for qualified disability expenses are tax-free, and the assets are protected from means-tested government programs. Qualified expenses are broadly defined—housing, food, transportation, education, employment support, assistive technology, healthcare, and even vacation. As Brynne explains, "When you are disabled, you cannot separate your disability from your personhood. So we're not just talking about medical expenses."

Contribution Limits and the ABLE to Work Advantage

00:12:00 - For 2025, the annual contribution limit matches the gift tax exclusion: $19,000. But the ABLE to Work program creates a significant opportunity for working disabled people. If you earn income and don't have an employer-sponsored retirement plan, you can contribute an additional amount up to the federal poverty line (approximately $15,960 for 2026)—potentially nearly doubling your annual contributions.

These additional contributions may also qualify for the Saver's Credit (and upcoming Saver's Match), providing further tax benefits for lower-income savers.

The ABLE Age Adjustment Act: Doubling Eligibility

00:25:00 - The major change effective January 1, 2026: the disability onset age requirement increased from 26 to 46. This single adjustment doubles the number of eligible Americans and adds approximately 1 million newly eligible veterans.

"The ABLE Age Adjustment Act doubles the amount of eligible people. 1 million veterans are now newly eligible. As more people access this account, it lowers administrative burden and fees for everybody," Brynne emphasizes.

You don't need to be currently receiving disability benefits to qualify—you just need to meet the Social Security Administration's definition of disabled with onset before age 46. Many states allow self-certification, making access more straightforward than traditional benefits applications.

Shopping Across State Lines and Fee Optimization

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00:28:00 - Like traditional 529 plans, you can purchase ABLE accounts across state lines. This allows you to optimize for investment options and lower fees. Some states offer attractive tax benefits for residents—Pennsylvania and Mississippi, for example, provide dollar-for-dollar deductions for contributions.

As participation increases due to expanded eligibility, administrative costs should continue declining. States like Virginia offer low-fee options with Vanguard ETF portfolios, making cost-conscious investing accessible.

Addressing Medicaid Clawback Concerns

00:35:00 - Many people fear Medicaid payback provisions that technically allow states to recover expenses from deceased beneficiaries' ABLE accounts. Brynne addresses this directly: these clawbacks rarely happen in practice. It's typically not administratively worthwhile for states to pursue, and many states have additional protections.

For those with significant assets requiring comprehensive estate planning, ABLE accounts work in conjunction with third-party supplemental needs trusts. Unlike ABLE accounts, third-party SNTs (funded by parents or others, not the disabled person) are protected from Medicaid recovery provisions.

Who Should Open an ABLE Account?

00:17:00 - You should consider an ABLE account if:

  • You meet the Social Security Administration's definition of disabled with onset before age 46
  • You receive or could receive SSI, Medicaid, or other means-tested benefits with asset limits
  • You want tax-advantaged growth for disability-related expenses
  • You're building an emergency fund while protecting benefit eligibility
  • You're a working disabled person who can leverage ABLE to Work contributions

"SSI has an asset test that doesn't allow you to have more than two thousand dollars in your name. The ABLE account protects the first one hundred thousand dollars from that asset test. You're actually allowed to have an emergency fund," Brynne explains.

Notable Quotes

"When you are disabled, you cannot separate your disability from your personhood. So we're not just talking about medical expenses. You can spend it on food, vacation, housing—things that even special needs trusts don't allow." — Brynne Conroy

"The ABLE Age Adjustment Act doubles the amount of eligible people. 1 million veterans are now newly eligible. As more people access this account, it lowers administrative burden and fees for everybody." — Brynne Conroy

"SSI has an asset test that doesn't allow you to have more than two thousand dollars in your name. The ABLE account protects the first one hundred thousand dollars from that asset test. You're actually allowed to have an emergency fund." — Brynne Conroy

"In the disability community, disabled people are usually prevented from accessing programs for which they are eligible due to administrative burdens, not because people are faking it to get benefits." — Brynne Conroy

"Finances are always complex, but when you're disabled, it turns into calculus. You really need someone who knows not just financial products but also state welfare programming." — Brynne Conroy

Key Takeaways

  • Visit ABLE Today to research state ABLE account options and compare fees, investment choices, and state tax benefits
  • Determine eligibility using the new age 46 disability onset requirement
  • If you qualify and need asset protection from SSI or Medicaid limits, open an ABLE account to protect up to $100,000 from asset tests
  • Explore the ABLE to Work program if you work without an employer-sponsored retirement plan to potentially double annual contributions
  • Consult with a financial advisor who specializes in both financial products and state welfare programming
  • Consider using an ABLE account in conjunction with a third-party supplemental needs trust for comprehensive estate planning
  • Check your state's specific tax benefits for ABLE contributions

Resources

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ChooseFI has partnered with CardRatings for our coverage of credit card products. ChooseFI and CardRatings may receive a commission from card issuers.

  • ABLE Today
  • PocketSmith
  • ChooseFI Episode 108 with William McVeigh on Special Needs Trusts
  • Social Security Administration disability criteria
  • Federal Student Loan Disability Discharge Program
Loading transcript...

https://www.abletoday.org/

https://www.pocketsmith.com/

Comments (4)

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Carly 5 months ago

I opened a traditional 529 account for my child before she was diagnosed with a disability. I'm wondering if I should roll over the balance into a 529 ABLE account. What considerations are there when rolling it over? Is there any reason I should have both a 529 and a 529 ABLE account? Just want to make sure I'm thinking through any possible issues before I make the change. Thanks!

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brynne 5 months ago

This is going to be a very personal decision, and one I might talk over with a specialised financial advisor – again, one who has DEEP knowledge of local social programming and disability experience.

That said, here are some things I would consider:

How much is saved in the 529 at present, and how much do you intend to continue contributing? Rollovers may be capped at the annual contribution level for ABLE accounts, which is $20k in 2026, but tends to go up each year relative to the gift tax (may be a negligible amount more than the gift tax in future years.) So if you have a lot saved and intend to continue contributing a lot, that annual contribution level could add nuance to your best solution.

The ABLE savings will count at 0% (AKA not at all) on the FAFSA. The 529 doesn't count much, but it is higher than 0%.

What is the child's disability? (Please don't answer here – these are rhetorical!) Considerations would be like the commenter's above – if the disability isn't permanent, what would that mean in the future? (Though many disabilities are permanent.) Also, will the child qualify for SSI, or (way less common) do they now? Are there Medicaid asset tests in your state? If you need the asset protection, this is a big factor.

State-level considerations: What are the state tax benefits for contributing to a 529 vs contributing to an ABLE account? These often (though not always) outweigh the other consideration – what are the investment options and fees across the two accounts?

The answer to any one of these could override the answer to the other.

Boltmoney 5 months ago (edited)

How can I join the Forum’s group for special-needs parents? Could someone post link here? Thanks.

1
brynne 5 months ago

I'm going to tag Jonathan Mendonsa@Jonathan Mendonsa for this one – I've been participating in the sub FB group, but I know many of the forums are moving over here so his answer will be best!

2
emygirl101 5 months ago

I really appreciate this podcast as we just opened an ABLE account for our disabled daughter earlier this month! One question I keep coming to though, is how it works if she becomes ineligible for it in the future. Our 16 month old daughter is legally blind, but there could be a slim possibility that she could get better than 20/200 vision in one eye at some point making her ineligible. I see that she can still use the money in the account later, but with more fees. Are there any ways to protect against that, or other ideas in this area? We appreciate your knowledge and your time!

1
brynne 5 months ago

This is a fantastic question, and one I haven't encountered before. I am asking another industry expert to get you the most accurate answer, as it is nuanced. Stay tuned – I'll drop his insights here as soon as they come in!

brynne 3 months ago

I have not forgotten about you! So, this may require some more thoughtful planning accounting for the likelihood. I'm sure you've already checked out the SSA's definition for this particular disability, but definitely good to give a good read over for nuance. All of the below is just a starting point – don't take it as 100% applicable to your personal situation, but do take the question to a financial planner who specializes in disability programming for your state.

If that SSA medical threshold isn't met in the future, you may still be able to use the ABLE account in its full functionality until the end of that calendar year. You could in theory spend it down in that time, or you could potentially leave it open – more of a consideration if there was a high likelihood of a scenario where things had the potential to reverse and requalify her in the future. If you went with the latter, during the time where she did not qualify but still had the account open, contribution rules would change and withdrawals would no longer be Qualified Disability Expenses – and therefore they'd be taxable. You may also have to worry about gains on investments being taxable.

You'd also want to read your state plan disclosure for further nuance – in this situation especially, with the potential for disqualifying events in the future, I'd take the above as a starting point, but not personalized advice. That's best done with a financial planner who specializes in disability planning, and has a particular handle on programming etc in your state. I hope it's enough of a starting point to know where to start asking, though!

LaurenG 5 months ago

Thank you Brynne! Navigating the financial journey as a special needs parent is so confusing. At the end of the episode, you mentioned finding a financial planner that was also well-versed in a state’s disability financial laws. Is there somewhere to find said people? I’ve reached out to a few firms mentioned on episodes of ChooseFI, but they are quick to tell me they don’t have much knowledge on dealing with assets for children with disabilities.

Thank you to all the work you do!

1 1
brynne 5 months ago

One of my favorite planners in this space is Liz Yoder of Dependent Financial Planning. She's based in Maryland, but has experience in a few different states across an array of different disability planning situations. Plus, she's wise enough to tell you if she's not familiar enough with a particular state's programming – she has an extensive network of other people who do what she does, and her referrals are high-trust in my eyes:

So many kudos for being on top of navigating these things – it's not easy!

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