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does an inheritance affect disability benefits

by Dell Bechtelar Published 2 years ago Updated 1 year ago
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If you are a Social Security Disability Insurance (SSDI) recipient and receive an inheritance, it will not affect your benefits. SSDI is not a needs-based program and is not contingent upon your unearned income—including inheritance.Dec 20, 2013

Will my inheritance affect my SSI benefits?

If you receive an inheritance while you are getting federal Supplemental Security Income (SSI) benefits, it could make you ineligible to receive any more benefits. Federal law requires you to report to the Social Security Administration if you are beneficiary of an inheritance – even if you refuse to accept the inheritance. Failing to report an inheritance can result in financial penalties and cause your SSI payments to stop for up to three years.

Does receiving inheritance affect SSI?

Receiving an inheritance does not affect SSDI, as it is based on your earnings as an employee in this country. SSI, however, is distributed on a needs-based system, and because of this, anyone who receives an inheritance can become ineligible for SSI benefits. Those receiving SSI must be intimately familiar with the strict rules that surround ...

Should a SSI recipient simply refuse an inheritance?

Luckily, an SSI beneficiary doesn't have to lose the benefit of her unexpected inheritance. Instead of disclaiming an inheritance, the beneficiary should accept it and then transfer the funds, perfectly legally, to a first-party special needs trust or a pooled special needs trust.

Will inheritance affect my survivor benefits?

The question is often asked, “will an inheritance affect my benefits” The answer is in all probability yes! Receiving an inheritance may well result in the loss of an individual’s entitlement to benefits. Most benefits are means tested. This means that once income and savings exceed a certain threshold benefits reduce and eventually cease.

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Inheritance Will Not Affect Your SSDI Benefits

Being an SSDI recipient means you must have worked and paid into the Social Security system for at least 10 years prior to your disability. SSDI is not a needs-based program. It is an entitlement program.

Inheritance May Affect Your SSI Benefits

SSI, on the other hand, is a needs-based program. These benefits help provide monthly disability payments to elderly, blind or disabled individuals based on financial means. Being an SSI recipient means that you have limited income and assets. Your countable resources cannot be worth more than $2,000 for an individual or $3,000 for a couple.

How Can a Special Needs Trust Help?

Fortunately, there is a way to benefit from an inheritance without the risk of losing out on your disability benefits. A lawyer can help you set up a special needs trust to deposit the inheritance into that trust.

Get Help From Our Licensed Lawyers Today

Our licensed lawyers at Dayes Law Firm have years of experience handling Social Security Disability matters. If you have received an inheritance or another type of asset, we are prepared to offer guidance to make sure that you do not accidentally jeopardize your ability to continue getting disability benefits.

Inheritances and SSDI benefits

The money you inherit from your late uncle will not affect the SSD benefits that you receive through the SSDI program. To qualify for benefits through SSDI, you must be disabled and have an earnings record showing that you contributed to the Social Security system through the taxes paid on your income from a job or through self-employment.

SSI eligibility and inheritances

If you receive SSI benefits, an inheritance may affect your eligibility even though it would not be a factor for someone receiving SSD benefits through SSDI. The key characteristic distinguishing SSDI and SSI from each other is financial need.

Contact an SSD disability advocate for advice and representation

When you have questions about SSDI and SSI, a disability advocate at London Eligibility has answers and options. Whether submitting an initial application for SSD benefits or appealing the denial of a claim, the representation and advice of an SSD advocate from London Eligibility makes a difference. Contact us today for a free consultation.

Do you have to pay into SSI?

Supplemental Security Income (SSI) is funded through general tax revenue. You do not have to pay into this system to become ‘insured’ or eligible to obtain SSI disability benefits. The requirements are instead based on income level and financial assets. In other words, SSI disability is a needs-based system.

Does inheritance affect SSDI?

Inheritance Will Not Affect Your SSDI Benefits. To be eligible to obtain Social Security Disability Insurance (SSDI) benefits, you must have paid into the system. SSDI is not a needs-based program. Quite the contrary, the more you pay into the system, the higher your level of disability benefits – should you need to draw them.

Can inheritance make you disabled?

However, in other circumstances, an inheritance could actually make a disabled person ineligible for their benefits . The most important factor distinguishing these two scenarios is whether the applicant is receiving SSDI disability benefits or SSI disability benefits.

Is inheritance a real asset?

Inheritance, while not earned income, is still a real financial asset. All financial assets are considered by SSI disability claims reviewers. As such, receiving inheritance could have an adverse impact on SSI benefits. In fact, inheritance could make someone ineligible to get their Supplemental Security Income (SSI) disability benefits.

Can you get SSDI if you inherit?

Of course, if you start earning additional income, you could become ineligible to get SSDI disability benefits. However, inheritance is not earned income. As such, the inheritance will not affect your ability to receive benefits through SSDI.

Do you have to report inheritance to Social Security disability?

If you are a Social Security Disability Insurance ( SSDI ) recipient and receive an inheritance , it will not affect your benefits. If you begin working while receiving SSDI benefits, then it is necessary to report this income to the Social Security Administration ( SSA ).

Does inheritance count as income for SSI?

Supplemental Security Income ( SSI ) beneficiaries must cope with very stringent income and asset rules in order to receive benefits. The Social Security Administration ( SSA ) considers an inheritance , even if it is never actually distributed to the beneficiary, as a resource for SSI purposes.

How much money can you have in savings on SSDI?

All cash, money in bank accounts, and savings are also counted toward the resource limit, so you cannot have more than $2,000 in cash, and you could only have that much if you had not other countable assets.

What determines your social security disability benefit amount?

The amount of your monthly disability benefit is based on your lifetime average earnings covered by Social Security .

Will I lose my Social Security disability If I inherit money?

Social Security Disability , like Social Security , is not a means tested program. Therefore, your Social Security Disability benefits will not be affected by any change in your assets or your income. Furthermore, receiving an inheritance will not have any effect on your monthly Social Security Disability benefits .

Can you still claim benefits if you inherit money?

If your inheritance is in the form of an annuity (an annual fixed sum payment) then this is treated as income and can affect the amount of your main benefit payment or your eligibility for the benefit . If you have inherited property, or money which is paid to you as a one -off payment, then these are regarded as assets.

What do you do when you inherit money?

What to Do With a Large Inheritance Think Before You Spend. Pay Off Debts, Don’t Incur Them. Make Investing a Priority. Splurge Thoughtfully. Leave Something for Your Heirs or Charity. Don’t Rush to Switch Financial Advisors. The Bottom Line.

Social Security Disability Insurance and an Inheritance

The SSA provides two disability programs. Social Security Disability Insurance is for disabled individuals who have worked long enough to be eligible. SSDI is funded through Social Security payroll taxes.

Supplemental Security Income and Inheritance

The other program the SSA offers is Supplemental Security Income. SSI is available for blind people, disabled children, and disabled adults with limited work histories. However, unlike SSDI, SSI is a needs-based program. To be eligible for SSI, the SSA will look at your income, assets, and other financial resources.

Calculating Income for Purposes of Supplemental Security Income

You now know that an inheritance will affect your SSI benefits. The next question is probably, “how?” The SSA does not count all income towards your SSI limit. However, your inheritance will be calculated towards your limit unless it is protected under a special account.

Protecting Your Inheritance if You Receive Supplemental Security Income

There are a few ways you could protect your SSI benefits if you are going to inherit property or money. First, you should speak with our Pennsylvania disability lawyers to provide legal advice and guidance.

Contact Our Pennsylvania Social Security Disability Lawyers if You Expect an Inheritance and are Receiving Disability Benefits

An inheritance is often the way a loved one provides for those they care for. However, if the beneficiary is receiving Social Security Disability, the inheritance might not provide the anticipated financial benefit. In some cases, a sudden windfall could result in the loss of much-needed monthly benefit payments.

What does inheritance mean on SSI?

It is specifically intended to help people with limited resources and income. That means a change in your income or assets could reduce or eliminate your SSI benefits. An inheritance could also affect eligibility for other federal benefits, such as the Medicaid healthcare insuranceprogram. SSI Asset Limits.

How long can you suspend SSI payments?

If it happens repeatedly, payments could be suspended up to three years. Special Needs Trusts. Fortunately, there is a simple way to accept an inheritance without risking loss of SSI benefits.

How long does it take for SSI to stop?

Failing to report an inheritance can result in financial penalties and cause your SSI payments to stop for up to three years. However, there’s a legal way to control and benefit from an inheritance and still keep getting SSI payments. Here’s how that is done. SSI and Social Security Benefits.

Does inheritance affect SSDI?

However, receiving an inheritance won’t affect Social Security and SSDI benefits. SSI is a federal programthat pays benefits to adults over age 65 and children who have limited income and resources and are blind or disabled.

Can you get Social Security if you don't report inheritance?

That’s because getting an inheritance can cause the Social Security Administration to reduce or stop SSI benefits. Also, not reporting an inheritance can lead to penalties and a benefit suspension of up to three years.

Can a special needs trust hold money?

Special needs trusts can hold funds other than inheritances. That includes donations from family members, awards from lawsuits and proceeds of life insurance policies. Bottom Line. If you want to leave an inheritance or a big gift to someone getting SSI benefits, discuss it with that person.

Can you receive Social Security if you receive inheritance?

If you receive an inheritance while you are getting federal Supplemental Security Income(SSI) benefits, it could make you ineligible to receive any more benefits. Federal law requires you to report to the Social Security Administration if you are beneficiary of an inheritance – even if you refuse to accept the inheritance.

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