Social Security Legal Questions

If your sister has a special needs trust (because she is receiving needs-based public benefits in the form of Supplemental Security Income), and it is established with NONE of her own money, you can contribute any amount to it.  You can also contribute up to $15,000 per year to an ABLE account (www.stable.org). However, if your sister has some other sort of trust and is receiving not Supplemental Security Income ($794/month in 2021) and Medicaid but Social Security Disability Income (in excess of the SSI figure), you are only limited by the Internal Revenue Code.  This allows anyone to give anyone else up to $15,000/year without paying gift tax or $70,000, filing a Form 709 with their 1040 to explain that it is intended to be a gift over five years.... Read More

That should be a relatively easy thing to find.  Make sure sure that you see an attorney who practices in estate planning.  While the documents are not especially complex, there can be implications and conflicts between POA's and your other estate planning documents,  If you're seeking an attorney, the find a lawyer tab is a place to start. Other places to look are with the local bar association, or just asking around.  Attorneys are not permitted answer your question here and say something like "Sure no problem, call me."  You need to be the one to initiate contact.  Best of luck.... Read More

You are beyond your appeal period to argue the facts of the overpayment via a reconsideration, unless they grant you "good cause" for filing late. However, You can still file a waiver for forgiveness of the OP if you feel it wasn't your fault and you can't afford to pay it back. You can also file a new SSI claim if you are disabled and have limited income and resources now. ... Read More

It'll help but probably not as much as you think. Retirement benefits are based on your highest 35 years, not the past 3 or 5 years like some pension plans.  In addition, earnings are adjusted for inflation so it may not help at all unless they replace lower adjusted years.  My guess is that it will result in a slightly higher amount but I wouldn't keep working just for that reason. Work because you want to work or need the money, don't do it for a few extra SS retirement dollars. ... Read More

As a former employee of SSA, I can understand the difficulty this causes for you.  Typically, you don't need a lawyer.  You need to bring it to SSA management's attention - repeatedly if necessary. It's not easy to "resurrect" someone after they have been erroneously put in as deceased. Even with Covid, local field offices are seeing people face to face in emergency situations, which yours would certainly seem to qualify as. They may be able to issue you an emergency payment from the local field office, which is what you should request if needed.... Read More

It won't affect Social Security, but will impact SSI and Medicaid.  Most likely it will be counted as income in the month received and therefore be over the income limit - meaning you aren't due an SSI check for that month.  It will then count as a resource the next month.  For each month the remaining money is unspent (e.g. saved in a bank account), it will count towards the $2,000 limit.  Resources are counted on the 1st day of each month and affect the SSI check for that month.  So if you are over $2,000 on the first day of the month, you aren't due an SSI check for that entire month.... Read More