Legal Question in Social Security Law in California

Re: Can I Retain my Disability Benefits?

Before anyone can answer your question we would need to know what type of disability you are on. Since you are now 66 years old, it is doubtful you are still receiving Social Security disability, because at age 65 it would have been automatically converted to Social Security retirement.

If you are receiving disability payments from some other type of program, we would need to know that as well. One of the most difficult things in these cases is to figure out just which program you are receiving benefits from. Some are need based, some are not. Both Social Security disability and SSI are processed through the Social Security system, and come on checks that look exactly alike, so sometimes it is hard to tell which one is sending you money! They all have different eligibility criteria.

Those which are need based (such as SSI and most state disability or general assistance programs) require that you meet income and resource guidelines, and therefore the fact that you are soon to own a piece of property, and will receive income from it, will be an issue. (For SSI purposes your home may be exempt, but if you are receiving rental income from the same property it may not be considered entirely exempt.) For those programs which are not need based (such as Social Security retirement, Social Security disability, and most long term disability insurance policies) the fact that you own property is usually a non-issue.

Since I am not licensed to practice law in California, I cannot advise you on any ramifications your ownership of the property may have on your eligibility for any state based programs or Medicaid. Your best bet may be to consult with an attorney in California who specializes in Elder Law. Regardless of the effect on your retirement and/or disability payments, it sounds as though you may need to do some estate planning.