I am new to this site and have been trying to do some research on SSI and inheritence. I am on SSI due to Fibro and cervial problems. My mother just passed away and left my brother in charge of the estate and we are to split the money in half. Mine is in a trust with his name on it so I have not yet received it. I know I will lose all my benefits if I get off of SSI and was wondering if I tell SSI that I want to get off do I have to tell them the amount that I should receive? Since you can't have more than $2000 in the bank can I just say that I don't qualify anymore and want to get off of SSI. I don't have any money as of yet because my brother is holding on to it so I don't spend it. And he is power of attorney. I'm lost in what to do. I don't want to do anything illegal or get into any trouble. Any help would be greatly appreciated.
Check the SSI.GOV website and look for exceptions to income Rules. I am a Disabled Veteran 100% and get $2500 a month from the va and my full social security benefits. get your doctor to write a letter stating your problem and that you ar permanently or temporarily in a full 100% capacity that will allow no income. The key words are "Gainful employment. don't give up if thet turn you down twice. share your records an make an appeal to the federal district judge in your jurisdiction.
Last edited by moderator2; 09-26-2008 at 09:57 AM.
Reason: please do not quote unnecessarily - as the first to reply here, a quote is not needed.
You say the money is in a trust fund. Is it a Special Needs Trust Fund? If so, it has been set up to help you keep receiving SSI, and the money in the trust fund can only be used for specific items (ones that SSI doesn't handle), and it has to be doled out gradually. If it is just a normal, ordinary trust fund, as soon as you have more than $2000 in assets, your SSI will be affected. I don't believe you can set up your own SNT with your own money - I believe someone else has to set it up for you, and make the rules. You really need to get your brother to check into this with his lawyer, and make sure the lawyer knows you are receiving SSI, before you actually receive any money from the inheritance.
Thank you for your reply. No the money is not in a special needs trust. We looked into that but it wasn't going to help me, it's just in a trust under my brothers name with my mom but since my mom has passed away we need to devy up the assets. I won't be able to live very well since SSI pays for my medical and medications or some of them and I go to the doctors alot. So I will end up using all the money that I get for medical bills and my medications.
What I don't know and seems no one anywhere that I have called even Social Security can answer is If I go in and say that I dont' want to be on SSI because I am not eligable for it anymore are they doing to question me why? and do I have to tell them because I am going to be receiving money and tell them how much. I would think that it's none of there business how much I am getting, they should only be interested in the fact that I will have more than the required $2,000 a month and that's why I'm getting off.That's what I am trying to figure out. This is stressing me out to the max.