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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Does receiving a gift affect social security disability benefits

Resolved Question:

Does receiving a gift affect social security disability benefits? I received a large monetary gift. What should I do?
Submitted: 6 years ago.
Category: Family Law
Expert:  RayAnswers replied 6 years ago.

RayAnswers :

Thanks for your question.It depends here.Are you getting SSI or SSDI?Can you give me more information here?

Customer:

SSDI

Customer:

My husband committed suicide and left 50,000 to my brother in law who gave the check to me as a gift.

Customer:

I receive SSDI due to delusional disorder

Customer:

and some physical ailments

Customer:

My therapist says sometimes you have to give up the money to continue receiving the SSDI check

RayAnswers :

Thanks for information here.SSDI you should be ok although you should report it here.SSI is the one that has resource limits.But for SSDI you should remain eligible here and not affected.

RayAnswers :

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Customer:

and thats the disability insurance through SS right

RayAnswers and 9 other Family Law Specialists are ready to help you
Expert:  RayAnswers replied 6 years ago.
Yes SSDI is based on your disability.Here is reference--as you can see SSDI not affected here.

SSDI pays benefits to you and certain members of your family if you worked a minimum number of work quarters and paid Social Security taxes (in which case you're considered "insured" under the SSDI). In most cases, you will continue to receive benefits as long as you are disabled. However, there are certain circumstances that may change your continuing eligibility for disability benefits. For example, your health may improve to the point where you are no longer disabled. Or your disability benefits will stop if you work at a level that the SSA considers "substantial." In 2006, average earnings of $860 or more per month ($ 1,450 or more per month if you are blind) were usually considered substantial. In 2007, that amount increased to $900 or more per month ($1,500 or more per month if you are blind.)

Your other assets, such as the amount you have in the bank, stocks and bonds, lottery winnings, etc., will not affect your eligibility for SSDI benefits. All that is required for SSDI eligibility is that you're disabled, are insured under the SSAs rules (as described above), and are not capable of substantial gainful employment. However, if you're receiving SSDI benefits and the SSA finds that you're engaged in work that it considers substantial (i.e., for 2007, earning $900 or more per month after any disability-related work expenses), it has the authority to require you to repay the benefit overpayment amounts and/or cancel your SSDI eligibility altogether.
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