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Stephen G.
Stephen G., Sr Income Tax Expert
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Experience:  Extensive Experience with Tax, Financial & Estate Issues
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I have SSDI from SSA. When my Dads will was being processed,

Customer Question

I have SSDI from SSA. When my Dad's will was being processed, someone set me up with a SSI Special Needs Trust which is very strict and does not apply to me and SSDI and could become a problem. My Mom, the Trustee, is meeting with the bank to try and have that thing dismantled at which point I will find an experienced lawyer to help me get things right.

I must fax info to the bank at 2;00PM EST because, well, they seem to need help. I have everything I need, except a document or booklet or something explaining SSDI rules/guidelines etc. I have one for SSI, but cannot find one for SSDI.

Please point me to a SSA page or website that explains the world of SSDI.

Help! And thanks so much for you time and knowledge!

Elizabeth Rose Canton, GA
Submitted: 3 years ago.
Category: Tax
Expert:  Stephen G. replied 3 years ago.

Stephen E. Grizey :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.

Stephen E. Grizey :

First of all as you may know SSDI is not subject to a "means" test as is SSI; in other words your other income does not disqualify you from SSDI; SSDI is based upon your disability.

Stephen E. Grizey :

Here's a link that explains the essence of both programs:

Stephen E. Grizey :

http://www.ssa.gov/disability/

Customer :

I have used this service before, it is fantastic! Yes, I need your help BAD and by 3:00PM EST, I think I was stressed and said 2 earlier. I need something for my Mom and "others", that gived SSDI info like what are resources, assetts, etc.. Like a list of guidelines once you qualify. A "How to navigate SSDI Booklet" kind of thing. I have searched SSA website and copied the "What you need to know when you get SSD benefits" for my Mom, I was hoping there was one just on the specifics of SSDI. If I sound scattered, it is because my Mom's bank and lawyer are driving me crazy!

Stephen E. Grizey :

I'd send them this link as it contain additional links to answer their questions;

Customer :

As we speak, I have that crazy trust mess they set up and since I have over 2000.00 in the bank and live rent free in a house my Mom bought, I am breaking their rules!

Stephen E. Grizey :

You aren't breaking any rules for SSDI.

Customer :

THANK YOU!

Customer :

I am since I have this SSI trust thing!

Stephen E. Grizey :

Not for SSDI. Just for SSI. SSDI isn't means tested, you could be a millionaire & qualify!

Customer :

I know. I was trying not to say negative things, but I guess I need to... My Mom had her lawyer make a trust for me: an SSI special needs child trust. Since then, the bank/lawyer are calling telling me to liquidate my savings because I am breaking the SSI rule of no more than 2000.00 for the beneficary etc...Does that make sene?

Customer :

I mean sence? They have set me up as if I was a 3yr old child.

Stephen E. Grizey :

Probably does. How did you qualify for SSI in the first place?

Stephen E. Grizey :

sense

Customer :

Here's the thing: I do not have SSI or anything in the world to do with SSI. Apparently the lawyer only knows how to make 1 kind of trust. The banker did not even know SSA had 2 different programs!

Stephen E. Grizey :

Well if you don't have SSI, there's no problem.

Stephen E. Grizey :

Are they trying to get you qualified for SSI?

Customer :

What about the rules they wrote into that trust thing?

Stephen E. Grizey :

,When you apply for SSDI, SSA automatically tests to see if you qualify for SSI.

Customer :

They won't even let my Mom send me extra money anymore and i cannot get money from the trust ever.

Stephen E. Grizey :

I'd have to see the trust.

Customer :

Me too. I will at 3:00.

Stephen E. Grizey :

So the bank is the trustee or co-trustee with your mother?

Customer :

If the trust is written with SSI type rules, am I gonna have problems? And how the heck did they think i was gonna get extra money?

Customer :

Mom is trustee now, then the bank.

Stephen E. Grizey :

Who set up the trust? Your Dad?

Customer :

The idiot lawyer, who also only knew of SSI. Knows nothing of SSDI.

Stephen E. Grizey :

Who did the lawyer set it up for? Was he instructed by your Dad who's money funded the trust?

Customer :

Sorry I had to be negative...

Customer :

Dad died of Alzheimers and does not work into this nightmare. Mom worked on processing his will with the clueless dream team. Also, we are talking small Southern town etc...My Mom believes anything they say because it would be rude to question the knowledge of your friends.

Stephen E. Grizey :

I see. but it sounds like your Dad's will set up the trust for your benefit? Is that correct?

Customer :

I got a hint of trouble when they started asking me to close all my bank accounts and send them the money or i was breaking the 2000.00 rule. Then, other requests came, all sounding very SSIish

Customer :

Dad's will was written before I got CFS/Fibro and it was not changed when I got sick etc.

Customer :

Mom decided what to do with all the stuff in it.

Customer :

I'm sorry, this is confusing and hard to explain

Customer :

And they have given me another headache!

Customer :

Thanks anyway!

Stephen E. Grizey :

There's a giant difference between your Dad's will giving direction as to what to do & your Mom setting things up after she inherited 100% of his assets..............the first situation can't be changed the second can be changed or eliminated by your mother.

Stephen E. Grizey :

Please remember to "Accept", it is the only way we get credit for our work. Feedback, if you have time, and bonuses, where you think they are warranted, are always most appreciated.

I'll be happy to answer any follow-up questions you may have.

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Stephen G.
Stephen G.
Sr Financial & Tax Consultant
3651 Satisfied Customers
Extensive Experience with Tax, Financial & Estate Issues