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How an Inheritance Can Affect Los Angeles SSDI Benefits

How an Inheritance Can Affect SSDI Benefits

Inheritance & Disability

The Social Security Administration defines an inheritance as “cash, a right, or a noncash item(s) received as the result of someone’s death.” According to its policy, the SSA views an inheritance as a death benefit, and not income. The agency also takes into account when the inheritance was received and what the inheritance consisted of. Social Security policy identifies inheritance items such as:

  • Noncash items
  • Real property, such as household goods and /or personal effects
  • Personal property such as an automobile
  • Property
  • Trusts
  • Liquid resources

SSA policy also details establishing the date of receipt of the inheritance, and the amount received in the procedures governing inheritances and the right to benefits. Since an inheritance can be a combination of any of the listed items, it can be a complex issue to determine whether your inheritance will affect your ability to collect SSDI benefits.

Most people turn to a skilled attorney to assist in this process, and for good reason. As with many governmental agencies, the rules are complex and difficult for a layperson to understand. If you live in Van Nuys, or other area in the San Fernando Valley, our firm is here to help you with any Social Security issue, and we offer free in-home consultations for those who are unable to come to our offices.

Social Security Disability Insurance (SSDI) in Los Angeles

The Social Security Administration operates on a specific definition of disability when determining whether a person is qualified to receive SSDI benefits. As a general rule, it views SSDI benefits as compensation for an individual currently unable to work, or cannot work due to a medical condition that meets the SSA criteria.

Due to the nature of SSDI and its purpose, it is ordinarily not affected by a change in income or assets, other than income received from Substantial Gainful Activity (SGA). In simple terms, SGA is the income a person receives from employment. An inheritance generally falls outside the parameters of SGA and income received from gainful employment, leaving your SSDI benefits unaffected. There are exceptions.

Your Inheritance and Los Angeles SSDI Benefits

While the general principles governing an inheritance and the impact upon SSDI benefits seem to be generally viewed by the Social Security Administration as mutually exclusive in the eyes of policy and procedure, in some cases, an inheritance can affect eligibility for benefits. The many factors of an inheritance, such as what form it was received in and when, may potentially affect your ability to continue to collect SSDI benefits. It is imperative that you get help from a Los Angeles Social Security Disability lawyer who is deeply familiar with SSA polices governing SSDI and SSI benefits and inheritances.

If you are receiving an inheritance, a gift or windfall of any kind that may potentially affect your SSDI benefits, and the situation is causing you concern, you are encouraged to speak to an attorney conversant with the specific issues of SSDI benefits. Be aware that you are required to report any changes in income to the Social Security Administration within ten days following the end of the month after the change occurred.

SSDI Cases in Van Nuys and the San Fernando Valley

The Kenton Koszdin Law Office serves people in in Van Nuys and other communities in the San Fernando Valley who are seeking SSDI benefits, and assists in seeking the maximum benefits they are entitled to receive under the law. If you are receiving SSDI or SSI benefits, and have received an inheritance, you want to ensure your benefits continue. Call us today, or contact us online to schedule a free consultation. We focus our legal work upon Social Security benefits. For more information about us, review our Social Security case results.

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