Legal Question in Social Security Law in California

Inheritance affect SSI

Just got my first retroactive SSI check, and a week later, received a check for $22,000 inheritance from an Uncle. Friend tells me I can set up a trust so that I can continue to receive SSI. True? How?


Asked on 3/05/06, 10:07 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Inheritance affect SSI

Good Morning.

There are rules regarding "income" and how both of your benefits, SSI and Disability, SDI, may be affected. SSI is generally available to those who have no assets, and it is most like a form of Federal welfare. Disability is based upon earnings for the requisite period and becoming injured or otherwise disabled such that you cannot be meaningfully or gainfully employed which is a very tough standard to meet.

By "hiding" the received monies in a trust that is not yet formed may not be the most proper manner of atttempting to not be afected in your benefits from the inheritance.

You would be best off carefully reviewing the Social Security web site {www.ssa.gov} for the exact answers on how your individual benefits are affected.

Simply, you need to be mindful that Social Security is a privilege in your case, and you can place yoursdelf into a position of having to pay the government back a lot of money.

The new trust is a poor "hiding device."

Regards,

Mark Geyer

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Answered on 3/06/06, 10:36 am


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