Legal Question in Social Security Law in New Jersey

SSD and inheritance

I am on SSD and Medicare.

Is it true Social Security will confiscate any futre inheritance (no matter how small) that my parents would leave to me?

Jonn


Asked on 8/31/07, 12:47 pm

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: SSD and inheritance

NO! SSD is a worker's disability insurance benefit. So if you worked and paid FICA (Social Security Tax) your disability benefit is yours regardless of your other assets.

If you did not work and did not pay SS tax, you are collecting SSI. SSI is a welfare benefit and if SSA finds that you have other assets or resources, it will lower or stop your SSI.

If Social Security has overpaid you and you have a written notice of an overpayment, SSA may bring a collection action for any asset not just inheritance.

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Answered on 8/31/07, 3:30 pm


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