QUESTION
Will my social security disablity benefit be affected if we were able to sell our house?
Asked on Dec 11th, 2013 on Estate Planning - Idaho
More details to this question:
My wife and I have a house, she inherited from her late husband. We are planning to sell it, its paid for and worth approximately $600,000. Will it affect my social security disability benefits, if the judgment will be in my favor, after we sell the house or before we sell the house.
8 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It may affect your benefits, depending on the benefits you receive (most people are getting various benefits under various programs, subject to different laws). The best thing to do is to consult a lawyer who works in the field of "elder law" or disability law, and review your particular benefits with that lawyer.
Answered on Dec 17th, 2013 at 5:46 AM
What judgment? Normally social security looks only at earned income and not money made from the sale of the house. Moreover, you can take the position that the house is your wife's sole, private property since she inherited it and it was not purchased with community funds. You can check with Social Security just to be sure.
Answered on Dec 17th, 2013 at 5:45 AM
2 Awards
See an estate planning attorney to discuss specifics. It is possible but there are ways to preserve your benefits should it be warranted.
Answered on Dec 17th, 2013 at 5:44 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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There are two kinds of benefits associated with the Social Security Act. In both cases a determination of qualifying disability is required. SSI (Supplemental Security Income) has eligibility limitations for income and resources. With certain exceptions (home ownership, burial plot, burial expenses, etc.) your resources as a married individual cannot exceed $3,000. Once sold, the home exception would not apply and you would lose SSI benefit eligibility. The other disability benefit is SSD (Social Security Disability) this requires that you were employed in a job covered by Social Security and that you paid taxes into the Social Security Insurance program. The sale of the house would have no effect on SSD benefits.
Answered on Dec 17th, 2013 at 5:44 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You had me until you started talking about a "judgment." The sale of the house should have no effect on your disability, provided it is SSD you are receiving. If it is SSI, then that is "needs based," and your resources are considered. I would not expect this to be a problem for you, but you may want to check with the SS office or an SS attorney before you act.
Answered on Dec 17th, 2013 at 5:43 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Best you not take control of any money as applies to you; obtain the services of a estate planning lawyer to have a special needs trust set up for you to receive a share of the money without interfering with the flow of government funds being paid to you; there are age restrictions; so best investigate right away.
Answered on Dec 17th, 2013 at 5:43 AM
Thomas Edward Gates
Once you have the money, you must declare it.
Answered on Dec 17th, 2013 at 5:43 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, your assets do not affect social security disability. It only becomes an issue with Medicaid coverage.
Answered on Dec 16th, 2013 at 7:12 PM