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.
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.
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 be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
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
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