Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
i am in the process of applying for disability. my attorney requested a hearing in may 2008. although we have been assigned a judge, no hearing date has been set as yet. since aplying for disability my father passed away leaving me a trust. the trust allows for a maximum disbursement of $27,000.00 per year which i have been living on since becoming disabled, and i am unable to work. i have two minor children living with me and i am single. the total current assets in my trust are approximately $50,000.00. how will this trust effect the outcome of my disability hearing?
State/Country relating to Question: West Virginia Already Tried: the trust fund is impeding my ability to receive assistance of any kind other than food stamps. my currrent income is $800.00/month in child support. i cannot receive any further trust fund disbursements until april 2010. the disbursement for this year has been spent. IF the trust will result in a denial of disability benefits, is there any way that i can relinquish my trust?
<p>Good morning.</p><p> </p><p>Are you applying for SSI (no prior work) or SSDI (you previously worked)?</p><p> </p><p>Why haven't you asked your attorney this question?</p>
SSDI. i worked for 23 years as a registered nurse (BSN). i have spoken with my attorney. she has consistently stated that i have a strong case for receiving disability, until the trust fund came into the picture. basically, she has only said that she would do her best to work with that factor. she has indicated concern that the judge may rule against me due solely to the existence of the trust fund.
<p>I don't understand that. Since the trust fund money is not earned income, it shouldn't have any affect at all on SSDI (it would on SSI). On earned income, you can't make more than $12K/year.</p><p> </p><p>I would ask your attorney about this again. I also suggest that you contact another disability attorney in your area and ask the same question - whether the trust fund money makes any difference when it's not earned income.</p><p> </p><p>You may want to talk with a certified elder attorney, only because they are often the true experts in the nitty gritty details. You can find such attorneys through this organization: <a href="http://www.naela.org/">www.naela.org</a></p><p> </p><p>May I be of any further help? </p>
thank you VERY much for your assistance. i feel relieved and hopeful. i shall discuss the fact that the trust is NOT earned income and should not impact a decision regarding my application for disability. you have been extremely helpful. your response is certainly logical, and i am surprised that my attorney did not offer that information to me knowing that i am extremely concerned and stressed-out. the lengthy process for applying for disability is stressful enough as it is. thank you again, so much!
<p>You're very welcome. Don't give up - it's a long process. You'll probably get denied a couple of times before the hearing.</p><p> </p><p>If my answer was helpful, and if you haven't done so already, please be so kind as to click "ACCEPT" so that JA and I can be paid. Thanks!</p>
Attorney
Atty. 24+ years; Plain English answers to family law, employment, landlord-tenant, & other questions