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I have a disability trust and social security is saying that

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because it is not an...
I have a disability trust and social security is saying that because it is not an irrevocable trust they can take an overpayment they made to me in 2004 from my trust and are doing so and I can not do anything about it ! I have benn trying for years now to get this settled and keep getting the same answer from them even from letters from my attorney who set up this trust for me they concider it for a few years and then its like someone eslse get my paperwork and then they start=all over with deducting momey from my ss check ? this lasttime they wanted to take all of my ss check for 3 months to settle the sum they said I still owe them on this overpayment !! I only have this ss to live on plus a small rental income on my home I rent because I can not live by myself with my many health issues . my attorney who set up this trust has passed away and no one in my area handles this kind of law and I have tried to get an attorney firm in our state to help me but with no luck ? I really need someone to help me and would appreciate any suggestions you could give me !
Submitted: 2 years ago.Category: Estate Law
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7/29/2015
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Estate Law
Satisfied Customers: 2,983
Experience: Litigation Attorney with education focus on estate planning and tax
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My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Trusts under Section 1917(d)(4)(A) of the Social Security Act, which are often called "special needs trusts" are exempt from the normal rule that revocable trusts will count as your resource for SSI. (4) This subsections hall not apply to any of the following trusts:(A) A trust containing the assets of an individual under age 65 who is disabled (as defined in section 1614(a)(3)) and which is established for the benefit of such individual by a parent, grandparent, legal guardian of the individual, or a court if the State will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State plan under this title. You would need to meet this criteria as disabled under 1614:(3)(A) Except as provided in subparagraph(C), an individual shall be considered to be disabled for purposes of this title if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.(B) For purposes of subparagraph (A), an individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he isnot only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), “work which exists in the national economy” means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.(C)(i) An individual under the age of 18 shall be considered disabled for the purposes of this title if that individual has a medically determinable physical or mental impairment, which results in marked and severe functional limitations,and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12months.(ii) Notwithstanding clause (i), no individual under the age of 18who engages in substantial gainful activity (determined in accordance with regulations prescribed pursuant to subparagraph (E)) may be considered to be disabled.(D) For purposes of this paragraph, a physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. So if your trust meets the criteria at the top and you meet the criteria of the disability above. If you do meet this criteria I would simply start dropping the statutes i have listed here and tell them how you meet the criteria. If they continue to ignore these facts if you meet them then you will need to retain an attorney that specializes in Social Security. You can search on lawyers.com or martindale.com and you can see reviews of individual attorneys in order to pick the right attorney for you. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
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Customer reply replied 2 years ago
You did not give me an answer to my question > I know mydisability trust that my lawyer set up for me is legal and good but he has passed away a few years ago and im still having trouble again with ss on it . This time they are saying that it is not an irrevocable trust and therefore I can abtain or I should say my Trustee can use this money to pay back an overpayment that Socil Security paid to me while I was on ssi in I think 2004 and had money in this Disability Trust which I could have used for income ? My lawyer said that that money in that trust account can not be counted as income which they did . this all started in 2006 when my husband pasted away and I had to go to ss office to get widows benefits which then stopped my ssi and I started receiving those benefits instread and when I did I told them I had this trust but it could not be counted as income and showed them The lawyers letter . I probably should not have showed them that .That is what started all of this mess , this time a new man at ss office is the one who told me that because the trust which I don't know hiow he knows this that it is not this irrevocable trust so I guess what I need to know from you is Does my trust have to say this on it anywherfe ?
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
As my previous answer stated, it does not matter if it is an irrevocable trust if it fits in with the exception of the irrevocable trust rule as a special needs trust (you called it a disability trust but I assume it is a special needs trust). If it is irrevocable it will say that in the trust instrument which you will most likely need to provide to the ss office. You need to tell them that your trust qualifies under 1917 (d)(4)(a) and therefore should not count as your resource for ss (that is if it does qualify which is my assumption and what I included in my first answer). So either you will need to show that the trust is irrevocable or a special needs trust so ss will not count the trust as your resource. Use the exact number of the statute to make them understand or read the language in the trust to show it is irrevocable (the language is most likely at the beginning of the trust and will use the exact terms). If they will not understand then use the two websites provided in the first answer to find a ss attorney to help you.
Please let me know if you have any further questions and please positively rate my answer if satisfied.
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Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
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Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Any chance for a positive rating?
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Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Do you need help with the rating system? We expect answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.
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