Can You Receive Inheritance While on Social Security Disability? (2024)

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Can You Receive Inheritance While on Social Security Disability? (3)

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Yes. Inheritance can affect Social Security disability benefits.

Much depends on the type of benefit you receive. Below, we discuss the implications of inheritances in the two types of Social Security disability programs and how you may be able to preserve your benefits. For questions about your specific case or for help with Social Security disability benefits, call our disability lawyers in Raleigh at Lunn and Forro, PLLC for a free case consultation: 888-966-6566.

Will an inheritance affect Social Security Disability Insurance (SSDI) benefits?

The Social Security Administration (SSA) provides two types of disability benefits, one for disabled workers (SSDI) and one for disabled adults and children with limited income and resources.

The former is a safety net for workers who become disabled before retirement age and can no longer work. Eligibility is based on work history and the number of work credits on the recipients’ records, not on income, assets, or resources.

The only income that would affect SSDI benefits is earned income that exceeds $1,170/month. Inheritances are unearned income. As such, any inheritance you receive will not affect SSDI benefits.

Will an inheritance affect Supplemental Security Income (SSI) benefits?

The SSA offers another disability program, Supplemental Security Income or SSI, for blind persons, disabled children, and disabled adults with limited work histories. Because it is a need-based program, your income, assets, and resources affect your eligibility.

The financial criteria for SSI for 2017 are as follows:

  • Your monthly income must not exceed the Federal Benefit Rate (FBR) of $735/month for individuals or $1,103/month for couples.
  • The value of your allotted assets and resources must not exceed $2,000 for individuals or $3,000 for couples. The SSA excludes your essential assets such as your home and car.

Any income — be it earned (e.g., from a job) or unearned (e.g., from an inheritance) — will affect your SSI benefits. If you have recently received an inheritance and are on SSI, you must report your inheritance to the SSA.

How does the SSA count income for the purposes of SSI?

If you are concerned about how your inheritance and income will affect your eligibility for disability benefits, it is important to note that the SSA does not count all income towards the SSI limit. The SSA will count your inheritance towards the limit unless it is protected under one of the special types of accounts we discuss in the next section. However, there are various exclusions the SSA allows that could help you qualify.

For example, some of the income the SSA does not count towards the SSI limit include:

  • The first $20 you receive in a month
  • Food stamps (SNAP)
  • Tax refunds
  • Welfare and other public benefits based on need
  • Money that you use for disability-related work expenses, such as special transportation

If you are working, the SSA allows for additional exclusions to countable income. These reductions can make it easier to qualify for SSI. For example, the first $65 of earned income and half of your earnings are not included. We can examine your records to help you determine how much of your income and assets the SSA will count.

Is there any way to protect my SSI benefits if I receive an inheritance?

There are a couple of ways you might be able to protect your SSI benefits if you are going to inherit money or property. First, you can speak to the benefactor about placing the funds/property in a special needs trust. Alawyer can create the paperwork necessary to secure the trust. This will go into effect when the benefactor dies. Then, when your inheritance kicks in, you will be able to use the funds for certain expenses such as food and shelter, medical care, utilities, and education without it affecting your SSI benefits.

You can also look into getting an ABLE account, a special program designed for qualified individuals with disabilities. ABLE (Achieving a Better Life Experience) accounts are tax-advantaged savings accounts that allow the family members to “set aside $14,000 a year for children and other beneficiaries who are disabled before age 26. SSI and Medicaid recipients will be allowed to have up to a $100,000 ABLE account without affecting their eligibility for these benefits,” explains Bankrate.

If you became disabled before the age of 26 and you are already receiving SSI or SSDI, then you are automatically qualified for an ABLE account. If the benefactor puts your inheritance in an ABLE account, it will not affect your eligibility for SSI.

To learn more about ABLE accounts, visit the ABLE National Resource Center

What do I do if the SSA prematurely shut off my Social Security disability benefits?

Millions of Americans living with disabilities count on monthly Social Security disability benefits for their basic needs. If you recently received notification that the SSA denied or prematurely shut off your Social Security disability benefits, you have the right to appeal your disability case. Lunn and Forro, PLLC can help. We will review your file, determine where the issue lies, and then walk you through the appeals process.

There are several levels of appeals we can use, so do not lose hope on collecting benefits.

Call our office today and speak to a disability lawyer about your rights and legal options: 888-966-6566.

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Can You Receive Inheritance While on Social Security Disability? (8)

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Can You Receive Inheritance While on Social Security Disability? (2024)

FAQs

Can You Receive Inheritance While on Social Security Disability? ›

In contrast, SSDI does not have resource limits or caps on unearned income. This is because SSDI eligibility depends on your work history and disability status, not income or assets. Therefore, inheritances do not impact eligibility, and no reporting requirements exist for inheritances or assets received.

Will I lose my social security disability if I inherit money? ›

That means that no matter how much money is included in an inheritance or how much the property you are set to inherit is worth, you will be able to continue receiving your normal SSDI benefits. There will be no interruptions or decreases in payments.

Will my benefits stop if I inherit money? ›

Means-tested benefits, such as Universal Credit or Housing Benefit, assess a person's income and savings, and additional financial resources from an inheritance may tip the scales, leading to a reduction or loss of these benefits.

What can cause you to lose your social security disability benefits? ›

Two things can cause us to decide that you no longer have a disability and stop or suspend your benefits:
  • If, after completing a 9-month Trial Work Period (TWP), you work at a level we consider substantial. ...
  • If we decide that your medical condition has improved and you no longer have a disability.

Does inheritance count as income? ›

Inheritances are not considered income for federal tax purposes, whether the individual inherits cash, investments or property.

How to avoid being cut off SSI benefits when you get a sum of money? ›

Utilizing a “Spend Down” to Maintain SSI Benefits

If you're on SSI and recently received a large sum, you can utilize a “spend-down” to ensure that you remain with SSI's resource minimums. Per the SSA, a “spend-down” involves spending the cash that you've received until you're below the resource maximum.

Does SSDI check your bank accounts? ›

In the case of Social Security Disability Insurance (SSDI), the SSA does not physically check bank accounts for asset limits. However, you may lose benefits if you have an increase in income or assets that is discovered during a review process.

What happens when you inherit money? ›

Typically, the estate will pay any estate tax owed, with the beneficiaries receiving assets from the estate free of income taxes (see exception for retirement assets in the chart below). As a beneficiary, if you later sell or earn income from inherited assets, there may be income tax consequences.

Can inheritance be garnished? ›

What does inheritance garnishment cover? Some types of inheritance are protected from creditors, which may include retirement or life insurance funds. However, states CreditCards.com, collectors may be able to seize certain assets to repay your debts, including money that was left to you in a will.

Does receiving an inheritance affect taxes? ›

In most cases, an inheritance isn't subject to income taxes. The assets a loved one passes on in an investment or bank account aren't considered taxable income, nor is life insurance. However, you could pay income taxes on the assets in pre-tax accounts.

What are the three ways you can lose your Social Security disability? ›

The termination of benefits in the Social Security disability program is based predominantly on four factors: conversion to the retirement program (that is, attainment of full retirement age), death, medical recovery, and work recovery.

What is the downside of Social Security disability? ›

One of the primary disadvantages of Social Security disability is the limited income it provides. SSDI benefits are calculated based on your average lifetime earnings before your disability began, and the amount you receive may be significantly lower than your previous income.

What is the 5 year rule for Social Security disability? ›

Once your benefits stop, you have five years to reapply through expedited reinstatement and qualify for temporary payments while you wait for a decision. Each year, this five-year grace period helps thousands of workers get back on benefits slightly faster than if they started a new application from scratch.

Do I have to report inheritance to Social Security? ›

Reporting to SSA: It is a mistake to not inform SSA about receiving an inheritance, and authorities crack down on those who defraud Social Security disability programs. In most cases, you must report your receipt of an inheritance to SSA within 10 days of the following month.

What happens if I inherit money while on SSI? ›

Because an inheritance is considered a change in resources , it's required that people receiving SSI benefits have to report inheritance to the Social Security Administration (SSA)—and they must do so no later than the first 10 days of the month that follows the month that they received the inheritance.

Do I need to report inheritance money to the IRS? ›

In general, any inheritance you receive does not need to be reported to the IRS. You typically don't need to report inheritance money to the IRS because inheritances aren't considered taxable income by the federal government. That said, earnings made off of the inheritance may need to be reported.

How much can someone on social security disability inherit? ›

The only income that would affect SSDI benefits is earned income that exceeds $1,170/month. Inheritances are unearned income. As such, any inheritance you receive will not affect SSDI benefits.

What can be done with inheritance money to keep from losing disability? ›

By setting up a special needs trust and depositing the inheritance into it, the beneficiary can continue to receive SSI while also getting the benefit of the inheritance. The funds in the trust are overseen by a trustee such as a parent or family member.

At what age does SSDI stop? ›

Your period of disability ends on the last day of the month before the month in which you become 65 years old or, if earlier, the last day of the second month following the month in which your disability ended. (1) The month before the month in which you attain full retirement age as defined in § 404.409.

What happens if you inherit money while on Medicare? ›

Inheriting money or receiving any other windfall, such as a lottery payout, does not bar you in any way from receiving Medicare benefits. An inheritance won't prevent you from receiving Social Security retirement benefits or Social Security disability benefits either.

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