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My son and i are receiving survivor benefits and he ssi benefits. i will receive an inheritance will this affect benefits.

Middletown, OH |

my son and I have been receiving survivor benefits for 1 yr. now and my 8 yr old son also receives ssi benefits. in the near furture i will be getting an inheritance not sure the amount. not large though probably ten to fiftteen thousand. Will the inheritance affect our benefits. I am worried. I need an answer to this. I don't want to lose our survivor benefits or ssi. what are my options if it does?

Attorney Answers 2

Posted

As long as he does not receive the inheritance, nor a future interest; I do not believe so.

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Posted

I respectfully disagree with my colleague. Your son's SSI benefits are based on your income resources since he is a minor in your household. As soon as your resources pass the applicable limit ($2000 or $3000 depending on your exact household composition) he will become financially ineligible for the SSI benefits until the resources are spent down below the applicable limit. One method for avoiding this situation is to have the funds from the inheritance put into a Special Needs Trust (which restricts how the money may be spent.) You would need to contact a lawyer in your area who specializes in creating Special Needs Trusts as they are a bit tricky and need to be written to pass muster with the Social Security Administration. You could ask your local Legal Aid Services organization or bar association for referrals to attorneys who can create Special Needs Trusts and offer the service on a sliding scale fee basis.

If you do lose your son's SSI benefits due to resources, you can apply for reinstatement of the benefits as soon as the resource is spent down below the applicable limit - SSA may want to know how you spent the money down and ask for documentation (they do not want you stuffing it into your mattress, etc.)

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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