Am I eligible for disability benefits?

Asked over 1 year ago - Snellville, GA

I recently inherited $250k which I've temporarily placed in a money market acct. I have significant medical issues including risk of amputation and no medical insurance. My husband suffered on the job injury and receives disability benefits, medicare and work men's comp. I've paid out of pocket in past years for cobra. Prior to the inheritance, I was denied disability. My medical situation has deteriorated to a stage, I'm desperate for medical coverage. I'm considering applying for disability again but need to know if inheritance can impact any chance I might have to be approved.

Attorney answers (4)

  1. Paula Brown Sinclair

    Contributor Level 20

    5

    Lawyers agree

    Answered . You have not disclosed what disability benefits you will be seeking. Your inheritance is irrelevant to your entitlement to Social Security disability benefits, but it would be fatal to eligibility for Supplemental Security Income (SSI) benefits, which is a means-tested welfare program, unless you establish a supplemental needs trust.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Clifford Michael Farrell

    Contributor Level 19

    4

    Lawyers agree

    Answered . My colleagues are correct - the issue is whether you are seeking SSI or SSDI. If you have worked at least 5 out of the past 10 years, it may be SSDI and then your inheritance may not matter. We just do not have enough info here and that sort of information should not be posted on this type of site.

    Talk to a local Social Security attorney who can ask the questions needed to give a better answer.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more
  3. John A. Jackson

    Contributor Level 13

    2

    Lawyers agree

    Answered . You may be eligible for disability benefits despite your inheritance. However, the bigger question is can you put your money in a special needs trust. I do not know enough about them to properly advise you but I suggest getting with an attorney who does them right away.

  4. Timothy Minthorn Klob

    Pro

    Contributor Level 12

    Answered . If you are eligible for Social Security Disability Benefits (SSDI), your inheritance should not have any adverse impact, because SSDI is based on the earnings you have paid into the system while you were working. On the other hand, if you are only eligible for Supplemental Security Income (SSI) benefits, then your inheritance will prevent eligibility because the resource limits for SSI are very low ($2K for individuals and $3K for married couples).

    Every situation is different, and whether or not you are eligible will depend on a number of fact-specific factors. For example, the fact that you are now older than when you were previously denied disability, and the fact that your medical condition has progressively worsened, are both factors that may work in your favor should you pursue a new claim. If I can answer any additional questions, please feel free to post your follow up questions here or to email me through AVVO for further guidance.

    Timothy M. Klob
    Klob Law Firm
    (770) 554-8100

    Provision of information in response to this question does not create an attorney-client relationship and the... more

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