Paying Back SSI Benefits From Inheritance
rog...@webtv.net
My 91 year old mother passed away a few months ago. I live in Boston
and have come down to Orlando to help my dad cause he cannot live alone
with his late stage dementia.
Between his retirement and S. S. he lives on about $1400.00 a month. He
also has a condo worth approx. $36,000 and a brokerage account worth
approx. $50K ....
I have a section 8 apartment I have been living in for the past 30 years
that I pay approx. $194.00 a month for plus utlilities of around $50.00
a month. My SSDI is appox. $600.00 a month and my SSI is about
$200.00 a month.
If I decide to move down to my dads and he gives me his condo with a
life tenacy for himself and gives me half the 50K in money and the other
half by buying a car for himself that could be passed onto myself one
day. I know I would need to give up SSI for receiving the assets. So
is there a better way to inform Social Security of this so they do not
want this money to be used to pay back what SSI and Meddicaid has paid
me in the past ?
I don't want my dad to end up in a locked ward with his dementia but I
don't want to put myself out on the street by moving down to Florida to
help him either ....
Any Advise Would Surely Be Appreciated !!!
George
winfall (gift inheritance, lottery win etc).You only repay then on
property you had when you received SSI that they had you give them a
lien on.
You don't even have to give up the SSI forever, They may say you can't
reappy until that money is gone by spending at your current lifestyle
(spent at $200 a month or some other minimal budget) in fact you can
spend it as fast as you like and reapply as soon as it is gone. A hard
ass SS rep might deny you if you spent it in a couple of months on a
world cruise or gambling and hookers, but even them you would likely
win a hearing (keep all receipts and A LOG of how the money was
spent)-- you need to justify that it's gone.
Maybe not very ethical, but that's the rules. The condo would become
an asset to you probably with the value reduced because dad has a life
tenant, but not much given his age, so they would want a llein on your
value of the condo and you would have to pay then back if you ever
sell the condo or die.
You really should consult a good SS lawyer. Besides to check the
above, what concerns me is that if Dad needs a nursing home he could
be ineligible for Medicaid for 5 years after he transferred the
assets. If you had spend the money then he is SOL.. He probably can
spend the money reasonably on things for you and your support with
impunity for possible future Medicaid. He might even be able to pay
you for helping him out if you provide significant care, or buy you a
car now since one car is exempt for ssi (though yiour plan may be
better) I think you need some planing here to be sure dad is protected
and you are compendated for helping him out.
George
> My 91 year old mother passed away a few months ago. I live in Boston
> and have come down to Orlando to help my dad cause he cannot live alone
> with his late stage dementia.
>
> Between his retirement and S. S. he lives on about $1400.00 a month. He
> also has a condo worth approx. $36,000 and a brokerage account worth
> approx. $50K ....
>
> I have a section 8 apartment I have been living in for the past 30 years
> that I pay approx. $194.00 a month for plus utlilities of around $50.00
> a month. My SSDI is appox. $600.00 a month and my SSI is about
> $200.00 a month.
You don't repay SS for back SSI received because you get an unexpected
winfall (gify inheritance, lottery win etc).You onlu repay then on
property you had when you received SSI that they had you give them a
lied on. They may say you can't reappy until that money is gone by
spending at your current lifestyle
> If I decide to move down to my dads and he gives me his condo with a
George
> My 91 year old mother passed away a few months ago. I live in Boston
> and have come down to Orlando to help my dad cause he cannot live alone
> with his late stage dementia.
>
> Between his retirement and S. S. he lives on about $1400.00 a month. He
> also has a condo worth approx. $36,000 and a brokerage account worth
> approx. $50K ....
>
> I have a section 8 apartment I have been living in for the past 30 years
> that I pay approx. $194.00 a month for plus utlilities of around $50.00
> a month. My SSDI is appox. $600.00 a month and my SSI is about
> $200.00 a month.
You don't repay SS for back SSI received because you get an unexpected
winfall (gify inheritance, lottery win etc).You onlu repay then on
property you had when you received SSI that they had you give them a
lied on. They may say you can't reappy until that money is gone by
spending at your current lifestyle
> If I decide to move down to my dads and he gives me his condo with a
George
George
Nonna Yabisness
<8ffe6fc1-17a7-4610...@c34g2000yqn.googlegroups.com>,
George <gdev...@yahoo.com> wrote:
> Sorry for thee duplicates. I don't see a way to delete them,
You can't because you are posting to Usenet.
Usenet is a separate message system that is outside of Google Groups.
Google groups is only a connecting interface to Usenet.
Not all of Google Groups are private groups within their system. Some
go out to Usenet. It is noted on the page but not very obvious to
some.
Google Groups may also not display a message immediately after you hit
the SEND button so if you send a message and it does not immediately
display on the web page, step back for a while and wait. It is not
unusual for Google to take a few seconds to an hour to display some
messages depending on how busy their systems are.
If your web browser seems to hang during the sending of a message I'd
also wait as th emessage may have been sent but the system is not
sending you back the acknowledgement that it was received.
--
Nonna
rog...@webtv.net
Thank You George but I thought your residence was an exempt asset under
SSI ??? Also from the reading I have done any transfers to a disabled
adult child by a parent are also exempt for the puposes of applying for
medicaid for nursing home entry ???
rog...@webtv.net
Also George the reason I would give up SSI is so I could receive and
hold assets that can't be done under SSI so why would SS be interested
in anything I own after I have given up SSI ??
Thanks Again .....
Six String Stu
"Nonna Yabisness" <No...@Yabisness.not.aol.com> wrote in message
news:Nonna-685419....@news.albasani.net...
Also, there is a slight problem with those multiple posts.
Somehow your advice reads that the OP would not pay back SSI. Then further
down you mention losing SSDI untill after "spend down". It's SSI that is
lost untill after spend down NOT SSDI.
The states put leins on property owned for Medicaid costs incurred. As well
as limits upon assests.
Look at it this way Medicare = SSDI BUT Medicaid = SSI (because the state is
administrating the federal funds associated with it). Help with the medicae
payment, co pays at the clinic et cetera is Medicaid. After age 55 most
states will attach a lein to the house if they are administrating any SSI
funds for the person.
And there is a limit to how long ago your father sold his assets/property
before he can get in a Medicaid funded home. "Gifting" I don't know about.
Cheryl
<rog...@webtv.net> wrote in message
news:14334-4B4...@storefull-3253.bay.webtv.net...
The Medicaid rules may change from state-to-state, but in my state the
transfer has to occur X number of years prior to the receipt of Medicaid.
I'm not sure how many years. I just know my father went through that same
situation with property held by my grandmother.
I'm with you, though, I thought one residence was permitted while receiving
SSI and other welfare benefits. Many moons ago that wasn't the case, but I
know I owned a home while receiving Medicaid and Foodstamps and it wasn't an
negative issue in terms of assets--no liens placed on my property.
Cheryl
Also, you could consult a lawyer who handles SSI cases, but you could
probably also gain the same information from someone specializing in elder
law or estate planning. Your father may be able to get the latter free at
Elderly United or something equivalent.
>
George
It is exempt from SSI, but a transfer to qualify for Medicaid/Nursing
Home is not exempt.
A transfer to a child living in the home for X years may be exempt.
Disclaimer: I am not a Medicaid expert. Consult a qualified (be sure
about that) Medicaid attorney
George
They would not.
IF you receive assets while on SSI, you must report them and SSI will
deem you ineligible if over their asset limits. I guess an alternative
is to voluntarily discontinue SSI before you receive any assets. IF
you then reapply they will probably want verification of how you
supported yourself.
Gerald Abrahamson
Consider a Special Needs Trust if there are significant
assets you might get. A SNT is not cheap, but it can save
money in the long run. This would require an attorney be
hired to write it (it is specific to Social Security,
Medicaid, etc) because it must have some exact language in
it. Plus, you are not allowed to control it. Someone else
must be responsible (family member/atty/whoever). Also, you
can not fund it yourself. Someone else must create and fund
it (such as from your father). Attorneys who work in Social
Security areas and also accident victims know about these
trusts because they are designed to benefit the needs of the
person without interfereing with Social Security or Medicare
or Medicaid.
rog...@webtv.net
Not enough money for SPT ....
Thanks Anyway .... Gerald .....
Annie Laurie
every case is different.
I have been on------and off of SSI for more than 30 yrs. (married, tried
to work etc.) and lived in several different states.
I know your house/mobile home and the property it sits on, does not
affect your SSI----- if it is your primary residence----- and you are
paying your own bills.
You can own your residence (live there) and have a roommate and that
will not affect your SSI--------as long as you are paying your share of
the bills.
Being a roommate doesnt affect your SSI--------if you are paying that
person rent to live there.
They want proof.
I have never heard of Medicade putting a lein on your house after age
55!------but it wouldnt surprise me, seeing some of the odd things they
do------ :)
I got to look that one up!
If there is a way to keep your SSI/Medicade you should probally keep
it!!!
I know Medicade pays alot of things Medicare doesnt.
Also, from my experience, SSI is VERY difficult to get back--------if
you have been off of it for any length of time.
If it is still the same--------after 5 yrs. its like applying for the
first time. (maybe, if you are off of it less than 5 yrs------might not
be so bad)
And if you have to go through the appeal process, after a denial, you
could be waiting yrs. to get it back--------- :(
SONY250--------------2.9.1
Six String Stu
"Annie Laurie" <ane...@webtv.net> wrote in message
news:14334-4B4...@storefull-3253.bay.webtv.net...
Since this info came to light I've decided to sell the place and get back
down to a part of the country that I enjoy more.
earthpots
<snip>
> Also from the reading I have done any transfers to a
> disabled adult child by a parent are also exempt for the puposes of
> applying for medicaid for nursing home entry ???
You are correct about that, as my mother was concerned about not being able
to leave me anything should she have to dispose of assets to eventually
qualify for nursing home care from Medicaid. We found that she could
transfer assets to me, as a disabled child, should that ever happen. As it
is, whatever I get from her will be put in a trust with my oldest sister as
trustee. The lawyer set up the trust as a type that will not affect my
eligibility for benefits in addition to my SSDI and Medicare.
--
Carol
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