Legal Question in Social Security Law in Pennsylvania

Re: ssi and my fathers wil

Generally, when you suddenly receive a large amount of money, you will not need to pay back previous SSI.

SSI is a needs-based program. You may not have assets > $2,000 or resources that cover your living expenses.

Resources are the things you own such as cash, real estate, personal belongings, bank accounts, stocks and bonds that you can use for your support.

An inheritance is considered income in the month you receive it and will likely effect that month's payment. If you keep the money into the next month, it then becomes a "resource."

If you have not already received the money, contact an attorney about creating a special needs trust to place at least some of the inheritance in. However, such trusts are restricted as to what they can pay on your behalf, including rent and food. Such trusts need written approval from PA & SSA.

If you own resources over the SSI limit, you may be able to get SSI benefits while trying to sell the resources.

Not all of your resources count toward the SSI resource limit. For example:

- the home you live in and the land it's on do not count. (other real estate does)

- your personal effects and household goods do not count.

- life insurance policies may not count, depending on their value.

- your car usually does not count.

- burial plots for you and members of your immediate family do not count.

So, you may consider buying a home to live in, because a primary residence may be exempt from countable resources for SSI purposes.

Call your local bar association for a referral to an attorney who understands Social Security laws on SSI AND estate planning for the disabled.