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Will I have to pay back my social security disability income if I won several thousands in gambling winnings?

Godfrey, IL |

Will I have to pay back my social security disability income if I won several thousands in gambling winnings?

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Attorney answers 1


It will depend on several factors: first is the type of Social Security disability income you are receiving. If you are receiving only SSDI (Social Security disability insurance) benefits, then, unless Social Security decides that you earned your winnings, the income won't matter to your receipt of SSDI benefits (but it might affect any other benefits you are receiving).

If you are receiving any SSI benefits, then that benefit or the amount of benefit you receive will definitely be affected by your gambling winnings. You may become ineligible for SSI benefits until you have "spent down" your winnings so that you have less than $2000 total (including the value of any other countable resources you have) in resources. The first month of receipt, your winnings would be considered to be income, it is likely you would be "over income" (have too much income), the next month, any money you have over the $2,000 limit would make you ineligible because of excess sources.

If you become ineligible for SSI cash benefits, you may also become ineligible for Medicaid and might see your eligibility for other types of benefits, foodstamps, housing, etc., affected as well. Here is a link to information about SSI benefits

It would be wise for you to determine what type of Social Security disability benefits you receive, as the type of benefit(s) you are receiving makes a big difference in how much of an effect, if any, your gambling winnings will have on your eligibility for Social Security disability benefits and/or any other benefits you are currently receiving (food stamps, etc.).

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Oregon. Responses are based solely on Oregon law unless stated otherwise.