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Welcome! Thank you for your question.
Are you receiving just disability or SSI as well?
How much do you receive each month?
Do you receive Medicaid benefits?
I am sorry that we got disconnected by phone. It is a problem with ATT. I hope that you will call back. xxxxxxxxxxx. If not perhaps we can continue the conversation by e-mail, or "insta chat" if that format is available.
The following is my response to your question using "copy & paste" from my saved file.
A payment of $19.00 ssi is deposited into my checking account with the $699.00 disability amount also. I receive benefits from Medicare and Medicaid for doctors visits and pharmacy and to pay "Humana" ins. for possible hospital stays. I also receive about $160.00 per month with the "Access" card (Food stamp card).
I'm sorry for the delay. My sister in St. Louis had to go to the emergency room for a possible heart attack. But wasn't a heart attack. She called me.
Sorry again, the Co. that called me was not "Just Answer".
Pertaining to your question. I have established an account with "Just Ask", giving my my credit card numbers and answering everything that your company wanted to know. Maybe you are not associated with billing. I spoke with "Jack" from "Just Ask" and said that you, (John Legal) were my representative, if that is the correct title. Living in S. Florida, I'm on EST. What is the latest time that I can expect a reply from you?
Is there anything additional that you need to know?
It has been a couple of hours since your last reply. I do not know when you leave work. I hope that you will be kind to tell me before you leave for the day.
As I understand it, you are 59, receiving SSI, Social Security Disability and Medicaid. Your father left you his house when he died. I assume that you are living in the home, if not please let me know in a reply.
What you need to know is that Social Security Disability is an insurance program. You paid into Social Security while working so when you became disabled that program is “covering you” based on what you paid in. You will receive this money ($699) regardless of how much you have in assets or other income so long as you are not able to work because of your disability. You could have inherited millions of dollars and still receive the disability.
Since you are not receiving enough income from Social Security Disability to bring you up to poverty level, you are receiving SSI ($19) to bring your income up to poverty level. To get SSI you have to have income less than $718 a month and assets of less than $2,000, not including your home, a car and your clothing and furnishings. Assuming that you are living in the house the home is not counted as an asset for SSI and Medicaid.
Since you qualify for SSI you also qualify for Medicaid benefits to cover your Medical expenses and Food Stamps to help with food.
If you sell the home and receive cash then you will be over the $2,000 SSI asset limit. When you go over that limit you will loose SSI, Medicaid, and Food Stamps. You will not loose the Disability but all the needed benefits that go along with the SSI eligibility.
You can sell the home and quickly purchase another property that you will live in, spend the money on personal property such as clothing, furniture and a car quickly or place the money in a Special Needs Trust.
If you sell the home and buy a new home then you can use the money to buy a new house. This would need to be done in the same money. The new house will not be counted toward the $2,000 limit.
If you sell the home and use the $30,000 you can spend it to below $2,000 within the month on personal property like clothing, furniture and a car.
Finally, if you sell the home you can put the proceeds in a Special Needs Trust. The cash will be protected and you will not loose SSI, Medicaid or Food Stamps. There would have to be someone else in control of the money in the trust and the money can only be used to pay for expenses other than food and shelter items. It can be used to pay car insurance, buy you a car, furniture, furnishings, entertainment or other things over time. The trust cannot give you cash, though.
Which option works the best, XXXXX XXXXX the option of keeping the home will have to be weighed and determined by you. I would suggest you discuss this with an Elder Law Attorney in your area. You can find one at www.naela.org.
I know that I have given you a lot of information and it is complex. However, there are options here but they are difficult. An experienced attorney can walk you through this by sitting down with you.
I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.
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I'm sorry for the delay in our correspondence, and the delay in your service assessment.
You are obviously very well educated in my particular situation. I hope we can continue this thread to tie up "loose ends" concerning my case.
The first thing is the assumption that I lived with my father in the house that I wish to sell. Actually for many years he lived in his house alone as a single male, and I have my own house that I live in a few blocks from his. Both houses are free of any mortgages or liens. As you know I am on disability and supporting myself, repairs on two houses, lawn management, property taxes on both houses (in Florida we have a homestead exemption) My fathers death resulted the property tax being now doubled ! Though in the beginning I was preparing it for a rental, since then my house has been broken into, many things stolen and a safe was broken into and the $7000.00 that I received (in cash) from my fathers inheritance was stolen. Now you can see why I need to sell the house.
I hope you don't mind that I sent your letter of reply to my sister in St. Louis. It's always better to have a trusted advocate to help "sort out" a problem.
I went to the site that you suggested, naela, to find a lawyer in my area. I will further investigate the site later. I'm assuming that they don't do "pro bono publico" work. So having to pay for legal representation may not be possible for me.
You suggested a possible solution could be a Special Needs Trust. You suggest that there would have to be "someone else" in care of this trust. Could this be my sister? Or am I misunderstanding the concept of a Special Needs Trust.
I, at this time, have a very anxious buyer, actually the person that is living across the street from the house. We talked about a situation that we would have a contract that he pays a monthly rental amount in cash with option to buy. Is this a possibility? Do you know what the total amount of income known by the Federal Government, which would include the $8388.00 disability and additional income for that year could be before it would affect the disability?
Again I am sorry for being too sick to write back until now. I will again rate your expertise as excellent.
I know that some of the advise that you give may not be agreeable with the client. This is, of course, not the experts fault, and I will never under rate you for informing me about the law, whether I like it or not.
The date and time is, April 29 2013 at about 6:00 PM.
I hope you can continue to be my adviser.
Thank You, XXXXX XXXXX forward to your reply. Steven Mehler
Yes, as an answer to your statement, I realize I'm not being represented in a "client Lawyer" relationship.
This will probably be my last question concerning this matter. I hope that my "Excellent" ratings have reached "Just Answer.co"
"Rate to finish will be excellent also."
This is an excerpt from the site "Free LIving Trust Information."
To be effective a disability trust must meet the following requirements:
"The trust must contain a "payback provision" which kicks in upon the benificiarys death and requires the trust to reimburse the state medicaid agency for benefits the beneficiary received while he was alive."
While I have asked many questions and gotten much information on my topic. As an expert you would understand this statement much better than I. This is not a statement from medicaid or any governmental agency. If you could give to me a layman's explanation of the above paragraph I would really appreciate this.
Just Answer is in your debt to have you as an associate with their company. I have enjoyed our limited conversations together. Will "Rate to Finish" as excellent, as always. Steven Mehler
The details of a special needs trust are indeed complicated for me. But for you and lawyers that deal in this sort of thing, it is probably an everyday job. You are correct that I need an attorney that will be able to draw up the legal contract. My sister suggested that I get a book or through a kendal, called "Special Needs Trusts" by Stephen Alias, attorney, and Kevin Urbatach, attorney. She found it on "Amazon".
If you make a final reply to this letter, I've been of the assumption that when I reach 62, then the disability turns into retirement and then I could sell the house without penalty. Perhaps I'm wrong about this too. I know I should talk directly to medicaid about this, but when my house was robbed in October, they took my wallet and all the cards inside of it. The C cards, driving license, everything has been replaced except my medicaid card. Everytime I call medicaid it's a computer telling me to call back later. Looking at peoples reviews of Florida Medicaid on the internet shows that they are getting the same result.
Perhaps it's not allowed, but knowing that you are indeed knowledgable on this subject, you may have a friend that is a lawyer or an associate that does business in South Florida.
Thank you for all of your help. Life sure gets difficult at times and it's nice to have corresponded with you. Steven Mehler
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