We are concerned that if he receives any money it will suspend his benefits. Losing SSI eligibility may also make you ineligible for crucial Medicaid benefits. older post on SSI. This rule is established in 26 United States Code Section 102, which is part of the federal tax code. If you rely on Supplemental Security Income, or SSI, to pay your bills, you may be very concerned about the possibility of losing those benefits when you receive an inheritance, which may make you ineligible for SSI. Everything You Need to Know About Overcoming a VA Service Nexus Denial, How to Understand VA Schedular Ratings Vs TDIU (Individual Unemployability), How VA Diagnostic Codes are Used in VA Disability Ratings. For example, if you receive benefits as an individual and already have $500 in resources, an inheritance of $1,500 or more would disqualify you for SSI since you would have reached the $2,000 limit for income or resources. What are the attorney’s fees for my Social Security Disability Case? Since SSI is based on financial need, recipients of SSI benefits must report any changes to their financial resources, assets or income within 10 days of availability of such assets or income. Losing SSI eligibility may also make you ineligible for crucial Medicaid benefits. Social Security Online: Tax Requirements for Supplemental Security Income, Internal Revenue Service: Publication 525. 5 Tips to Get the Veterans Disability Compensation That You Deserve, How a PTSD Disability Impacts Your VA Compensation Claim, How to Fill Out a VA DBQ (Disability Benefits Questionnaire), VA Claim Remands & More Explained: BVA Decisions. What Does VA “Development Letter Sent” Mean? The most common that I have seen in my practice occurs where an SSI recipient firm a call at If you have further questions about SSI and inheritance, please contact Lemoine Law firm at 888-468-3741, send a message; or click the button below to chat online with a representative any time. Inheritance can interfere with your continued receipt of SSI benefits, but in Florida, beneficiaries have various options for avoiding this financial conflict. (901) 209-5500 or fill out the form below. client is a cause we believe in. You could even be criminally prosecuted for fraud if you intentionally hide your inheritance with the intent of retaining your SSI benefits. If an inheritance is given directly to an SSI recipient and pushes the recipient over income or resource limits, this can lead to disqualification from SSI coverage. Can an Inheritance Affect Your SSI Benefits? Similarly, if the deceased knew about your SSI benefits and setup your inheritance in a special needs trust, then your benefits should be preserved. Upon receiving money from an inheritance, SSI recipients will need to mail a copy of the award letter stating how much money they inherited to the SSA. Everything You Need to Know About Your (CE Exam) Consultative Exam, Before, During, And After Your Disability Appeal Hearing: Everything You Need to Prepare and Win Your Case in Front of the Disability Judge. Passionate If the deceased left the funds in a long-term payment structure where it does not inflate your assets to the degree that you lose out on SSI benefits, then you should be fine. © Copyright 2020 Mike Murburg, PA. Florida social security disability lawyer procures the fullest compensation amount. SSI eligibility is established according to criteria in Title XVI of the Social Security Act. A trustee manages the inheritance, which can be used to benefit the SSI recipient. legal help concerning a social security disability-related issue, complete an For example, if you place your inheritance into a bank account that earns interest, that interest is considered taxable income. Our attorneys have local offices and counsel clients throughout West Coast of Florida, North Florida, Central Florida, South Florida and the Panhandle. In addition, “gifting” up to $15,000 to a disabled individual’s ABLE account does not have to be reported to the Internal Revenue Service. SSI, there is another option. He has muscular dystrophy and is on a ventilator. AIDS Legal Referral Panel: Will My Inheritance Ruin My SSI & Medi-Cal? It’s worth noting that the funds may only be used for your health, education, and welfare, though this includes a broad range of support costs, such as rent and even motor vehicle expenses, as well as electronics (that contribute to health, welfare, and education). showing our dedication not only to the law, but to our clients. In addition to work credits, people eligible for SSDI must be between the ages of 18 and 64 with a disability severe enough to prevent them from working. This program is for needs-based low-income individuals. Private Long Term Disability Cases: F.A.Q.S, Florida Social Security Administrative Offices, West, Central and South Florida ODAR Hearing Offices, Soc. What if there is no such structure in place, however? will be counted as a resource affecting what you receive. Resembles the emblem of the medieval Donati family, The Donati family originates from Florence, Italy, The emblem signifies our fight to protect a neighbor or friend, Symbol of our efforts to protect the interests of our clients, COVID-19 Safety Complaints & Whistleblower Protections, legal help concerning a social security disability-related issue. Memphis, TN 38104, 1545 Union Avenue To ensure that your benefits are protected, however, you’ll want to consult with a disability attorney who has a successful track record in helping SSI recipients secure their assets without disqualification. not if you are receiving Disability Insurance Benefits (SSDI). SSI recipients who know ahead of time they are going to receive an inheritance could protect their benefits by placing inherited property and/or funds into a special needs trust. We are both beneficiaries. My Veterans Service Connected Disability Claim Was Denied. Receiving SSI and inheritance money at the same time may not be allowed, depending on the amount you have inherited. SSI Benefits and the Inheritance SSI through the Social Security Administration are needs based and depend on the unearned and earned income the person has or receives. Because Social Security is very strenuous in what trusts it will or will ABLE savings accounts will not affect your daughter’s SSI payments. A valid special needs trust can allow for If you are receiving SSDI and want to attempt a trial work period, contact the SSA to learn more about the program. SSI recipients should know that inheriting funds could possibly affect their monthly benefit amount. To ensure that you are making the requisite disclosures (without undermining your position), make sure to consult with an SSI lawyer to guide you through the process. In general, inheritance money will only have If you try to hide your inheritance from the government to remain eligible, you may be severely penalized, but some legitimate ways exist for you to remain eligible for SSI payments. I have had a couple of clients recently ask about the possible effect of correct that your inheritance may affect your eligibility for SSI/SSDI and/or Medi-Cal/Medicare.

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