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SSI Eligibility and Trusts

SSI is an income based disability program. This is for people who have not worked and/or had reported earnings which would qualify them for SSDI benefits. Because the beneficiaries are drawing out money that they didn’t pay in, SSA has the additional financial need requirement in order to draw this type of disability payment.

What happens is that many people won’t qualify because of their spouse’s income, or because of assets they own. What if you inherit money or property or receive a settlement which would put you over the threshold? You would then lose not only your monthly benefit, but the medicaid that comes with it.

A way to protect your SSI benefits is through the establishment of a trust.  The type and way the trust must be established, as well as who is listed as the trustee is very specifically defined in SSA’s procedural manual.[1] If you find yourself in this position, it is wise to consult with an SS Disability expert before you accept the money in order to protect your benefits.

Please visit our website: www.socialsecurityjustice.com or contact one of our Bailey & Galyen offices for additional information.

[1] POMS SI 001120.203