Comments on: SSI, Settlements/Inheritance, and Special Needs Trusts

By: Injury Settlement Amounts

Injury Settlement Amounts — Tue, 24 Aug 2010 07:50:00 +0000

Average car accident settlement?
I was in a accident not at fault, had injuries to neck, back, leg and hand. lost two weeks from work, had physical treatment, saw doctors and chiropractors. What should i settle for?

By: TomaszStasiuk

TomaszStasiuk — Wed, 04 Aug 2010 05:09:04 +0000

The general rule is that other sources of income (inheritance, dividends, money from the sale of real estate) which would affect SSI, do *not* effect SSDI. I can think of some tortured exceptions, but that is the general rule.

However, individual circumstances may change this general rule. It's a good idea to review each set of specific situation with SSA.

By: Dorothy

Dorothy — Tue, 03 Aug 2010 19:43:08 +0000

I have a similar situation, am on SSDI, owe 60,000.00 on my home, which I would like to put a 20,000.00 gift toward without retribution. How did your situation turn out?

By: Dotti

Dotti — Tue, 03 Aug 2010 19:40:32 +0000

I am on disability. I am selling something worth 20,000.00. I have a farm on which I owe 60,000.00. Can I put the funds toward that debt without retribution from SSDI?

By: stowey

stowey — Sat, 08 May 2010 22:02:02 +0000

I am on SSDI. How will an inheritance effect this

By: sutphin

sutphin — Thu, 18 Feb 2010 01:50:36 +0000

i have a friend who had their SSI cut off, because they inherited money. being unable to work, this person has been living off of their inheritance and is now almost completely broke. will she need to prove how she spent her inheritance money, before they allow her to receive SSI again. thanks

By: JS

JS — Sat, 28 Nov 2009 08:13:45 +0000

Can you build a $500,000.00 house contribute $25,000.00 in a partnership if you are on full disability and collecting a check. Would that be fruad. All partnership money was put in the husband name.

By: JS

JS — Sat, 28 Nov 2009 00:13:45 +0000

Can you build a $500,000.00 house contribute $25,000.00 in a partnership if you are on full disability and collecting a check. Would that be fruad. All partnership money was put in the husband name.

By: Name

Name — Fri, 11 Sep 2009 15:27:21 +0000

Can you please tell me how long after a person dies and you are receiving a small inheritance do you have to let SSI know? Nothing has yet been done with the will. Thanks so much

By: barbarapfeifer

barbarapfeifer — Thu, 03 Sep 2009 21:12:39 +0000

if we set up a special needs trust for our daughter who draws ssi in the state of ca, how can the funds be distributed without her loosing ssi and medicaid. what can the money we leave her be used for. thanks
bp in arkansas

By: TomaszStasiuk

TomaszStasiuk — Thu, 09 Jul 2009 16:14:12 +0000

I can't think of any situation where an inheritance would affect eligibility for SSDI benefits. However, it *can* effect (even stop) SSI benefits. The above article discusses this.

I cannot answer the question in your case as I do not provide legal advice through this site. I encourage you to speak to a lawyer in your area to see how the inheritance will affect you.

All my best.

By: JoAnn

JoAnn — Thu, 09 Jul 2009 04:49:45 +0000

Can I inherit money and still receive my disability

By: TomaszStasiuk

TomaszStasiuk — Tue, 30 Jun 2009 02:15:11 +0000

Social Security is a national program with a national set of rules. However, court rulings from the District Court of Appeals only apply within that district, unless they are adopted by Social Security. Also, SSI interacts with state laws causing some differences among the states.

Helpful? Probably not.

Pat, I imagine you have *specific* question, which I would not be able to answer because I cannot provide legal advice through this site, only general information.

Call a local attorney, and ask him or her the real question on your mind. You may need to go in for a consultation (which is usually free). Attorneys want to help you; give them a chance.

By: Pat Duval

Pat Duval — Mon, 29 Jun 2009 18:30:38 +0000

Is the State of Missouri under the same rules as Colorado?

By: Dannie

Dannie — Sun, 04 Jan 2009 15:10:55 +0000

Hello,
I currently receive SSI and I am going to be receiving monthly unearned income from a realtive that exceeds the SSI amount. I will be reporting the income next week, I prefer to get off SSI altogether, if they offer me the PASS and the trust fund, can I deny those options? I have heard too many horror stories of overpayments and these accounts not going well. I will also be getting help from my relative for medical expenses.

Thank you

By: TomaszStasiuk

TomaszStasiuk — Wed, 31 Dec 2008 21:23:06 +0000

I appreciate your input on this.

In the second example (renting out the property), wouldn't the *value* of the house/land still be a problem for SSI eligibility beyond the amount you receive as rent?

By: TomaszStasiuk

TomaszStasiuk — Wed, 31 Dec 2008 21:09:43 +0000

I don't disagree that if you “come into money” it will not impact your Title 2, aka Retirement, Survivors & Disability Insurance, aka SSDI, aka Disability Insurance (DIB) benefits. The focus of the article was the impact on Title 16 Supplemental Security Income (SSI benefits).

I appreciate your point about Section 8 and the FSS program. That is good information to have!

By: Terry

Terry — Wed, 31 Dec 2008 14:21:09 +0000

Assuming you mean SSDI by “social security disability” – the $ will have no impact. It is considered “unearned” income which is not really counted for SSDI. Plus, there are no asset restrictions for SSDI, so you're good there too.

Section 8 is another story. I'd talk to your HUD worker about that. There may be some shelters for you to use. Ask them specifically about the Family Self Sufficiency (FSS) program. This may allow you (if they allow for the unearned income to be invested) to put money away into an escrow account to be used towards a house in the future. Your current section 8 arrangement staying the same.

By: Terry

Terry — Wed, 31 Dec 2008 14:14:56 +0000

If you're on SSI….and this becomes your home/primary place of residence and you do not own any other home, then you have nothing to worry about. 1 home is an asset exclusion for SSI (along with a some other things).
You're good to go.

If you are already living somewhere and you inherit the property and do not intend to move there – then it could be considered an asset eventually. I'd recommend checking with your local WIPA.

A thought/way out of this would be if you inherited the property and were already living on another property that you owned…..you could rent one of them out. The rental income you receive would be considered self-employment and the house you are renting out now becomes Property Essential for Self Support (PESS) – which is an asset exclusion under SSI.

By: Brenda

Brenda — Tue, 16 Dec 2008 20:03:17 +0000

I am on social security disability. My 'real' father's estate has a small amount left for me and I don't know if it is 25,000.00 or a little more, but I want to know how it will effect me. I am on section8 and I am afraid it is really going to mess me up. Please email me as to what to do.
Sincerely,
Brenda
BSutton55@yahoo.com