Settlement FAQs

does social security settlement count as asset for ssi

by Miss Una Cormier Published 2 years ago Updated 2 years ago

What assets are excluded from SSI?

For SSI, we do not count:the home you live in and the land it is on;one vehicle, regardless of value, if you or a member of your household use it for transportation;household goods and personal effects (e.g., your wedding and engagement rings);life insurance policies with a combined face value of $1,500 or less;More items...

Does a settlement count as income for Social Security?

Since the settlement is not earned income, it should not affect your receipt of SSDI benefits. SSI is also separate and distinct from Social Security Income, which workers paid through the Social Security Payroll Tax when they were working.

How does SSI find out about assets?

When determining what your assets or resources are, the SSA will review things such as how much cash you have, bank accounts, savings accounts, land, life insurance, personal property, vehicles and pretty much anything else that you own that you could sell and use to pay for housing and food for your family.

How much money can SSI recipients have in the bank?

To get SSI, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. We call this the resource limit. Countable resources are the things you own that count toward the resource limit.

Will a settlement affect my SSI benefits?

Because SSI is a needs-based program, any settlement funds could affect your SSI benefits. You must report all income, assets, and other aid, including money recovered from a personal injury lawsuit.

Does settlement money affect Social Security benefits?

Social Security and SSDI government-benefit programs are entitlements, therefore they are not means tested; asset and income limits do not apply; settlement proceeds will not impact eligibility.

How often does SSI monitor your bank account?

As we explain in this blog post, SSI can check your bank accounts anywhere from every one year to six years, or when you experience certain life-changing experiences. The 2022 maximum amount of available financial resources for SSI eligibility remains at $2,000 for individuals and $3,000 for couples.

Does SSI look at bank statements?

We'll ask you the same kind of questions you answered when you applied for SSI. We'll need information about your income, your resources, your living arrangements, and your bank accounts. Keep the savings or checking account statements you get from your bank. You may need them when we review your case.

How often does SSI review your case?

If improvement is possible, but can't be predicted, we'll review your case about every three years. If improvement is not expected, we'll review your case every seven years. Your initial award notice will tell you when you can expect your first medical review.

How do you hide money from SSI?

Here are some suggestions for what an individual could buy to spend down a lump sum:Buying a home or paying off a mortgage, if the SSI recipient is on the title or has a lifetime agreement to be a tenant of the home. ... Buying a car or paying off a car, if the SSI recipient is on the title.More items...•

What happens to my SSI if I get an inheritance?

Income from working at a job or other source could affect Social Security and SSDI benefits. However, receiving an inheritance won't affect Social Security and SSDI benefits. SSI is a federal program that pays benefits to U.S. citizens who are over age 65, blind or disabled and who have limited income and resources.

How does a lump sum settlement affect Social Security disability?

If you receive a lump-sum payment in settlement of your workers' compensation case, Social Security divides the amount of the settlement by your monthly SSD benefits. For example, if you get a lump-sum payment of $20,000 and divide it by the $2,000 monthly SSDI benefit, the result is 10.

How does a lump-sum settlement affect Social Security disability?

If you receive a lump-sum payment in settlement of your workers' compensation case, Social Security divides the amount of the settlement by your monthly SSD benefits. For example, if you get a lump-sum payment of $20,000 and divide it by the $2,000 monthly SSDI benefit, the result is 10.

Will a settlement affect my Medicare?

Since Medicare is an entitlement benefit and not a needs-based program, a client who receives legal settlement won't lose their Medicare benefits. It will not be impacted when a client receives a settlement.

Will a lawsuit settlement affect my SSDI?

A large personal injury settlement generally does not affect Social Security Disability Insurance (SSDI) benefits but can directly affect Supplemental Security Income (SSI) benefits. It can cause a reduction or loss of the SSI benefits. A lump sum workers' compensation settlement can reduce one's disability benefits.

How often does SSI check your bank accounts?

As we explain in this blog post, SSI can check your bank accounts anywhere from every one year to six years, or when you experience certain life-changing experiences. The 2022 maximum amount of available financial resources for SSI eligibility remains at $2,000 for individuals and $3,000 for couples.

How much money can I have to get SSI?

To be eligible for SSI, an individual cannot have more than $2,000 worth of what Social Security calls “countable resources.” For a married couple, the spouses’ combined assets cannot exceed $3,000. Resources topping those levels are grounds for Social Security to reject an application for SSI, and to withhold or terminate benefits if you’re already getting them.

Where can I find exclusions on Social Security?

You’ll find a full list of the exclusions on Social Security’s web page on SSI and resources .

What is redetermination on Social Security?

This process, called “redetermination,” is distinct from a continuing disability review, which checks your continued eligibility for SSI based on a medical condition.

What is SSA resource?

The SSA defines resources as things of value that you own, including:

Can I get SSI if I have $800 in my savings account?

However, if in addition to that $1,600 in the bank you have $5,000 in a mutual fund or individual retirement account (IRA), you cannot receive SSI.

Does Social Security count as deemed resources?

Social Security also may count some “deemed resources” toward your limit. These are assets belonging to a spouse, parent or in-law that you live with or, if you’re an immigrant, to a sponsor who supports your U.S. residency.

Does Social Security include a car?

In your resource tally, Social Security will not include the home you live in or a vehicle you or another member of your household rely on for transportation. (If you own a second car or another property, those may count.)

What are not counted as SSI resources?

The following are not counted toward the SSI resource limit: 1. The home you live in and the land it is on; 2. Your household goods and personal belongings (i.e. wedding or engagement ring); 3.

What is the resource limit for SSI?

Resources, of course, means assets. Currently, the resource limit for an individual applying for SSI benefits is two thousand dollars and the couple’s resource limit is three thousand dollars.

Is there an asset limit for SSDI?

Note: Countable assets are a factor of eligibility for SSI only. There is no asset limit for SSDI (also known as SSD, or Social Security Disability ).

How to protect SSI?

Fortunately, there are ways to protect your SSI benefits and accept settlement awards. One of the best options is to set up a special needs trust. This trust allows injured parties to keep settlement proceeds and keep their SSI benefits. The special needs trust can be used to cover services that are not covered by SSI programs such as transportation, nursing care, or therapies.

What is SSI protection?

Protecting Your SSI Benefits. SSI benefits provide critical income and other income-based qualification benefits for vulnerable individuals. These individuals should not be forced to choose whether or not to accept damages resulting from a personal injury case or risk losing their SSI benefits.

What happens if you get unearned income on Social Security?

Unearned income is one of the resources the Social Security Administration looks at when determining eligibility for SSI benefits. If the award pushes your income over the $2,000 or $3,000 threshold, your benefits may be terminated.

What to do if you receive SSI?

Together, you and your attorney can discuss your options for protecting your SSI income if you win a settlement. Your attorney should also be able to help you set up a special needs trust to protect your settlement income.

What is the maximum amount of SSI for disabled people?

In order to qualify, countable assets must be less than $2,000 for an individual or $3,000 for a couple.

Does a need based settlement affect SSI?

Because program benefits are “need based” or “resource based”, an injury settlement will impact the SSI benefits received. Monetary settlements change the amount of unearned income a person receives.

Is SSI a personal injury case?

SSI is also separate and distinct from Social Security Income, which workers paid through the Social Security Payroll Tax when they were working. Social Security Income is not affected by a personal injury case, because it is not need based.

What is resource based Social Security?

These terms mean that they are based on your current needs or resources, and such resources exceed the limits set by the social security office then your SSI benefits can be terminated.

What is a special trust?

A second option is the creation of a particular type of trust, known as a “special means trust”, which will allow for the injured party to retain the settlement proceeds and keep their SSI benefits .

Is SSI a low cost benefit?

SSI benefits can be critical for many recipients providing low to no cost healthcare at most hospitals in California. Recipients receive low cost healthcare, pharmaceuticals and life saving operations at little to no cost, so it is important for such benefits to remain intact.

Can you keep your SSI, Social Security Benefits if you receive a Settlement of a Personal Injury Lawsuit?

If you receive any of the above mentioned benefits it is important to consider whether such benefits would be affected by the receipt of such a settlement. Generally, when you receive any type of settlement it will be conditioned on certain terms and conditions. Thus, it is important for your attorney to make sure that the terms of the settlement provide for the proper petitions which will allow you to receive the settlement without terminating your current benefits.

What Is SSI?

The federal Supplemental Security Income (SSI) program pays monthly benefits to disabled adults and those over age 65 with limited income, as well as children. Those who apply cannot have more than $2000 in resources ($3,000 for a couple). The Social Security Administration (SSA) does not count your house, the land it’s on, your personal effects, and household items as resources. You can see a full list here. When you receive a settlement or verdict in your favor which pushes you over the maximum of $2,000 or $3,000, your SSI benefits might be terminated. Hiring a qualified SSI attorney is the best way to ensure you don’t have to choose between a settlement for damages from a car accident and your SSI benefits.

How Can I Protect My SSI and Medicaid Benefits?

An individual’s financial situation and the amount of a settlement will determine the best way to protect SSI and Medicaid eligibility. Two popular options include spending down settlement proceeds and creating a special needs trust. Spending settlement money to keep SSI and Medicaid benefits is typically associated with small settlement amounts. Yet, many rules are associated with spending down settlement money. For example, you must spend your settlement money the same month as you receive it. In addition, you can only spend money on things which the SSA will not count as resources to push you above the threshold.

What Is the Difference Between Medicaid and Medicare?

Medicare is health insurance subsidized by the federal government. Unlike Medicaid, which is an assistance program, Medicare is not based on income. Those over age 65 and disabled persons under age 65 receive Medicare regardless of income; however, Medicare recipients must pay a small premium, some hospital bills, and copays. Because Medicare is not an assistance program, and income doesn’t play a role, accepting a car accident settlement will not impact your eligibility for benefits.

How to contact SSI lawyer?

If you need immediate assistance concerning the loss of your SSI or Medicaid benefits, contact the experienced SSI lawyers at Thurswell Law at (248) 354-2222 for a free consultation to discuss the details of your case. Continue reading for an in-depth understanding of why your SSI and Medicaid benefits can be affected by a car accident settlement.

What is SSDI in car accident?

Social Security Disability Income (SSDI) is provided to those who have a severe permanent disability preventing work. The SSA does not view SSDI as earned income, so if you are receiving these payments, a car accident settlement should not impact them.

What happens if you get a settlement over $2,000?

Hiring a qualified SSI attorney is the best way to ensure you don’t have to choose between a settlement for damages from a car accident and your SSI benefits.

Can you keep your SSI after a car accident?

After a severe car accident, you shouldn’t have to choose between accepting a settlement for damage s or keeping your SSI and Medicaid benefits. In most cases, you can keep your eligibility for these need-based assistance programs as long as you plan ahead.

How Does a Lump Sum Settlement Affect Social Security Disability?

If your settlement is a workers' compensation settlement from public sources, this might affect your SSDI. In the event that the public settlement amount combined with your SSDI is greater than 80% of what you earned prior to your disability, then the amount you receive from Social Security Disability will likely be reduced to make sure the amount is less than 80% of your previous earnings.

What Is the Average Payout for Social Security Disability?

The average SSDI payout in 2020 is roughly $1259, but this amount can typically range from $800-$2000. The amount you receive monthly is determined from an average of your earnings in the years before the disability began. This takes into account your whole employment history. To access information on your entire history of earnings, you can look at your annual Social Security statement. Look at the Estimated Benefits section to see how much you're likely to receive.

How long do you have to be on SSDI to qualify?

For a condition to be labeled as severe, it must interfere with your work and daily activities. If you have a condition for five months and are still not capable of returning to life as normal , you may qualify for SSDI.

How much does a personal injury claim cost?

Some personal injury claims might settle for only a couple thousand dollars, but the average can actually fall anywhere between $3,000 and $75,000. It can be challenging to determine the value of your personal injury claim, and you should seek the guidance of a professional, typically a personal injury lawyer, to help you with the process. They will be able to assess the types of economic and non-economic damages that can be used in your claim.

Can a disabled person receive SSDI?

The disabled person's family may also be eligible to receive SSDI benefits. Qualifying family members include a spouse or divorced spouse, a child, a disabled child or a grown-up child who became disabled before 22. Keep in mind that some disabilities are classified as severe, and you will automatically receive benefits, but most require a thorough screening process. There is also a five-month wait period from the disability's onset before you can actually begin receiving any benefits.

Can a lawsuit settlement affect SSI?

If the settlement amount you receive puts you over the qualifying amount, it could cause you to reduce or lose SSI benefits.

Is Social Security Disability Income complex?

Social Security Disability Income and Social Security Income can involve complex application processes. Find out whether settlement from personal injury claims can impact your financial eligibility.

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