Will an inheritance affect my social security disability and ssi payments?

Asked over 2 years ago - Utica, NY

I currenty recieve social security disability and ssi.My mom sold a piece of property in which I will recieve @$15,000.Will this affect my ssd or ssi or both?

Attorney answers (3)

  1. Celeste Scalise-Qubrosi

    Contributor Level 3

    6

    Lawyers agree

    Answered . SSI is a need based program and asset limits apply.SSDI is based on what you paid into the system over your working life and their are no asset limits to the program. Even if you are on both programs the inheritance will disqualify you from the SSi program from the month you recive it until you spend it down to the asset limit of $2000 for an individual or $3000 for a couple. Resources are things you own such as: cash ,bank accounts, stocks, savings bonds, IRA, land, life insurance, personal property, vehicles anything else you own which could be coverted to cash. Depending on your state laws certain trusts could recieve the money and it not be counted but thse rules vary from state to state. Celeste Scalise-Qubrosi

  2. Clifford Michael Farrell

    Contributor Level 19

    5

    Lawyers agree

    1

    Answered . If you are getting SSDI - which is Social Security disability insurance benefits (based on the money you earned and paid taxes on when you were working) then you can do anything you want with the inheritance. SSDI is paid based on your earnings - so your private assets do not matter. You could be a millionaire and still get SSDI if you are disabled.

    SSI is a need based program, and there the rules are WAY different. If you are getting SSI, then you need to be very careful what you do with the money - and you absolutely MUST report any inheritance you get. You will lose the SSI part of your benefits, but talk to the people at your Social Security office as there may be some ways to not have all the mon ey charged against your SSI.

    I hope this helps. Good luck to you!
    ------------------------------------------
    Please remember to designate a best answer to your question

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more
  3. Brian S Wayson

    Contributor Level 19

    5

    Lawyers agree

    Answered . As usual my colleague, Attorney Farrell, has given an excellent and helpful answer.

    In addition, I would suggest, as far as your SSI goes, that you look into having a special needs trust set up to receive the money from your mother, that may allow your SSI benefits to flow unimpeded, but would restrict how you use the money in the trust. These are a bit tricky to set up so one needs a lawyer well-versed in special needs trusts to assist in establishing the trust, so that it will meet the SSI requirements. Here is some more info:

    Special Needs Trusts:

    http://www.paelderlaw.com/pdf/special_needs_ben...

    http://www.nsnn.com/frequently.htm

    http://www.mcandrewslaw.com/articles/abcs_of_sn...

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,603 answers this week

2,959 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,603 answers this week

2,959 attorneys answering