If you are applying for or receiving Supplemental Security Income (SSI) disability benefits in Oklahoma and you get an inheritance, you could go over the financial limits to qualify for SSI. It’s stressful and confusing to know your next steps.
SSI is a needs-based program tied to your financial assets. You must have very limited income and little money in the bank or valuable property besides your own home.
Even a small inheritance can push you over SSI’s very low limits. In this case, your monthly SSI payments may stop.
For many people, this comes as a shock. You receive one-time money that could help ease your financial situation, but it may also put your steady, ongoing benefits at risk.
The truth is, sometimes you cannot keep both your SSI benefits and your inheritance at the same time. But in some situations, there are ways to protect your benefits if you act quickly and take the right steps.
At Troutman & Troutman, our Oklahoma Social Security Disability lawyers help families increase their financial stability. Our team has hundreds of years of combined legal experience.
We understand how important your disability benefits are. They allow for your independence and let you focus on your health.
Let’s go over whether and how you can keep your SSI after an inheritance.
Disability Law Is All We Do.
SSI has strict limits on your assets. You cannot have more than $2,000 in assets if you are single, or $3,000 if you are married. These limits haven’t risen in a long time.
If you receive an inheritance and your total assets go over those amounts, your SSI benefits can stop, even if the money is only in your account for a short time.
An inheritance does not only involve cash. It can include:
All of these may count towards your SSI limit.
Typically, the Social Security Administration, which runs SSI, counts the inheritance as income in the month you receive it. After that, any remaining amount you still have is considered a resource.
This means:
Timing matters in how the inheritance is handled. In some cases, if the money is used within the same month on certain approved expenses, it may not count against you going forward.
But for many people, the reality is that an inheritance will interrupt or stop your SSI payments.
It’s important to understand your options before making any decisions.
If you’re wondering how any part of your financial or health situation affects your eligibility for disability benefits, talk to the Tulsa disability lawyers at Troutman & Troutman. It’s free to have a conversation with our team.
In some cases, yes, there are ways to protect your SSI benefits after receiving an inheritance. These options must be handled carefully and done the right way.
One option is a special needs trust. This is a legal tool that allows funds to be held for your benefit without counting against SSI limits, as long as it is set up properly. These trusts must follow strict legal rules and are often required to be established before age 65.
Another option is an ABLE account. If your disability began earlier in life, you could place part of the inheritance into this type of account without affecting your SSI eligibility, within certain limits.
You may also be able to spend the money on certain necessary expenses without losing your SSI benefits. These expenses can include:
In some cases, using the funds quickly and correctly can help you stay within SSI limits.
Not all situations allow for these solutions.
It is also imperative to compare SSI to Social Security Disability Insurance (SSDI).
SSI is based on financial need, so an inheritance can affect or stop your benefits.
SSDI is different. It is not based on how much money you have. It’s based only on your inability to work right now and having a work history that qualifies for the program.
If you receive SSDI benefits, an inheritance will not affect them. This is the case no matter how much you receive, as long as you are still unable to work due to your disability.
If you have enough of a past work history for SSDI, you could possibly switch from receiving SSI to SSDI benefits. You must meet the requirements for SSDI separately.
Having the right people to help you matters.
At Troutman & Troutman, we’ve helped more than 10,000 people across Oklahoma fight for financial stability after losing their ability to work.
We are here to help you through the disability claims process, help you understand your options, and help you take the best next step forward.
You may be trying to determine if Social Security Disability benefits are right for you. You may be facing a long, complicated benefits application. Or you’ve applied and been denied. Now what? The Troutman & Troutman Oklahoma disability attorneys can help.
Your life has been disrupted by health problems. You’ve had to leave work. You’re worried about money. Social Security Disability benefits can provide relief, but they’re complicated. You’ve got a lot of questions. The Troutman & Troutman Tulsa disability lawyers have answers.
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“I spoke with Mr. Troutman when I called the first time. A nicer person you couldn’t meet. They explained everything to me. I left it in their hands. (Victoria Rackley) is an amazing person. Each time we spoke, she explained what was happening in my case. She was with me through this process. So glad I called them. Thank you all. I recommend them 100 percent.”