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Can a disabled person on Title II social security safely have a family property transferred in their name?

Florham Park, NJ |

Can a disabled person on Title II social security safely have a family property transferred in their name? Are there any possible problems social security could have with this?

And if this person chooses to transfer it back to family members years down the line, are there any difficulties that they may face with social security?

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Attorney answers 3


If you are collecting SSD, then you can do whatever you wish as far as other assets. If you are collecting SSI, then you are limited in what you can own as assets. On a more long term basis, if you think you will need nursing home care and that medicaid will be needed to pay for that, then you must keep in mind the penalty provisions of the medicaid laws and the 5 year lookback provisions of it. It sounds like you should speak to someone well versed in Medicaid and SSD/SSI planning to determine what your options might be. This is a very tricky area of the law and one mis-step can cost you dearly.

The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.


I agree with Mr. Warshaw. SSDIB, not being needs based welfare, is not implicated. However, if the disabled person may one day need long term care, with Medicaid paying for it, certain assets will count. An SSD/SSI proficient estate planning lawyer would be helpful here, so you may want to set up such a consult.

Stephanie O. Joy, Esq., of JoyDisability, is an attorney licensed in New Jersey, but currently practicing federal Social Security Disability law in all 50 states from her PA office. Answers to questions are for general purposes only and do not establish an attorney-client relationship, nor do they constitute legal advice. Rather, if you need representation or legal advise, you need to make direct contact yourself, and inquire. We welcome and respond to all phone calls and emails.


If you are on Social Security Disability and not SSI, you can have a miilion dollar home or assets over a million dollars. Social Security Disability (at least for the present) does not count other assets or other income. It does get reduced in you receive workers compensation.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

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