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

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?

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Attorney answers 3

Posted

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!
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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.

Posted

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_beneficiary.pdf

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

http://www.mcandrewslaw.com/articles/abcs_of_snts11_07.pdf

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.

Posted

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

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