Legal Question in Social Security Law in Florida

This question relates to the state of Florida. I will try to keep it concise. Also, I'm going to try and use round numbers. I apologize in advance if I am using incorrect terms.

My mother applied for social security disability (SSD) several year ago. She was denied because she had 38 out of 40 quarters paid into the system. She was only missing two. She is considered disabled, so she receives SSI.

Her SSI benefit has been limited by two factors.

1) She is on the title of the condo I own (and was before receiving SSI). I pay the mortgage. Because she is on the title, they said that counted against her, and reduced her income threshold by something like a 1/3. So her allowable income threshold is somewhere around $600 a month.

2) Before he passed away (this was also before receiving SSI), her father left an annuity in her name. It is the type that cannot be transferred, pays a fixed amount per month for a fixed amount of time. There was no option to take a lump sum. They annuity payments run through September of 2017. The payments are approx $400 a month.

So to recap. My mothers SSI income limit is $600. She receives an annuity payment of $400. SSI pays the remainder of $200.

Here is where everything went downhill. My mother recently turned 62. She received a call from the social security office that because she reached the age where she had to apply to take early social security retirement. Her social security retirement benefits were determined to be $240 a month. Between the $400 annuity and the $240 SS, she is now over the SSI income threshold by around $40. She has been told she will no longer receive SSI, and because of that she is going to be stop receiving Medicaid. THis is the hardest issue. My mother has several sever chronic conditions, and she will not last long without health insurance. Her total monthly income is $640. And the frustrating thing on top of that, is that she would still be receiving SSI if they did not lower her income threshold because she is living in my house.

What are my options? Do I have any recourse? Can I ask for SS to review her case for extenuating circumstances (She is disabled mentally and physically, but still well enough not to require an assisted living facility)? Can I take her off the title and re apply for disability?

I have so many questions and don't know where to start, or who to talk to. If you are reading this and don't have an answer, I would even be grateful for a referral to a lawyer who deals with these issues. We both living in the Palm Beach/South Florida area.

Thank you in advance for reading through this entire message.

Asked on 6/04/16, 12:52 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

I do know of an attorney who could help - he is in Duval County however. But it is worth a phone call. His name is E. Clay Harland, Esquire . 904-880-3527. Good luck and God Bless

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Answered on 6/06/16, 7:02 am

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