Are Clothing Household Goods Personal Effects And Automobiles Counted When Determining Eligibility For Benefits
BASICALLY NO. In 2005, the Social Security Administration issued important regulations designed to simplify what assets are excluded when determining a personâs eligibility for benefits. This SSA rule explained how income and resources would be treated under the Supplemental Security Income program and clarified three issues of concern for persons with disabilities, thereby offering important protections for people with disabilities:
First, clothing was eliminated from the definitions of income and in-kind support and maintenance. As a result, gifts of clothing generally are not counted as income when the SSA decides whether a person can receive SSI benefits, or when the amount of such benefits is computed.
Second, the resource-counting rules eliminated the dollar value limit for the exclusion of household goods and personal effects. Consequently, the SSA ignores the value of household goods and personal effects when it decides whether a person can receive SSI benefits.
Third, the SSA now has a bright-line rule that excludes one automobile from countable resources, regardless of its value, if the vehicle is used for the individualâs transportation or for that of a member of the individualâs household.
Choose An Experienced Disability Attorney
Having a passive income can make applying for social security disability payments more challenging, and to ensure you get the best outcome for your case you should start by calling Terry Katz & Associates an NYC Social Security Disability Law office who knows the ins and outs of the disability benefits process and can guide you step-by-step. Please call or contact us for a free consultation with an experienced NY SSD attorney at our Long Island law office.
Section 8 Housing Lists
Those who receive a voucher can review local Section 8 housing listings to find rentals. Not all local rentals will accept a Section 8 housing voucher.
A PHA may have insight on where to best start the search. However there could be a fair bit of competition depending on the area an individual is looking.
Regardless, this is a great program designed for anyone who needs rental assistance.
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Buying A House On Disability Benefits Or Ssi
Brittan Jenkins19 Jan 2018
By on 23 Mar 2018
The dollars and cents that go into moving vary greatly depending on a number of factors.
Know how to navigate the system so you can find the home youre looking for.
The complexities of Social Security Disability Insurance and Supplemental Security Income benefits leave many people wondering not only if they can buy a home, but if buying a home will, in turn, affect their benefits in the future. The short answer is many people who receive SSDI and SSI benefits can and do qualify to buy a home, but will also likely face some additional hurdles unique to receiving these benefits.
Consult A Disability Benefits Lawyer To Help You Understand The Ssdi Application And Appeals Process
In order to catch fraud attempts, the Social Security Administration can be quick to deny initial applications for Social Security Disability Insurance . One of the most common reasons your application can be denied is that you make too much money. Many applicants wonder why this matters if they are truly disabled. The SSA considers how much money you make before awarding you monthly disability benefits because SSDI is intended to provide financial assistance to individuals who have suffered a disability that prevents them from working and making a substantial income to support themselves.
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Discriminatory Questions Toward Applicants Not Allowed
Landlords are not allowed to question applicants about a disability or illness, or ask to see medical records. Even if it is obvious that you are disabledfor example, you use a wheelchair or wear a hearing aidit is nevertheless illegal for the landlord to ask for more information about the disability, including how severely you are disabled.
The policy behind this rule is simple: No matter how well-intentioned the inquiries, a landlord cannot make decisions about where and how you will live on the property that the landlord would not make were you not disabled.
For example, if there are two units for rentone on the ground floor and one three stories upthe landlord must show both units to an applicant who uses a wheelchair, however reasonable the landlord thinks it would be for the applicant to consider only the ground-floor unit.
Can A Family Member Or Special Needs Trust Buy Groceries Or Pay Rent For A Person With Disabilities Without It Impacting Eligibility
BASICALLY NO. The SSI âfood-and-shelterâ standard is one of the most important federal regulations to remember. If a family member purchases food or shelter for a person receiving Medicaid or SSI, this may cause a reduction in public benefits. To understand the SSI âfood-and-shelterâ standard, it is important to understand the specific definitions of the words âfoodâ and âshelterâ under SSI rules:
âFoodâ is a straightforward concept, but under some circumstances the SSA does not consider food to be income. For example, food âprovided during a medical confinement is not income,â nor is food provided in conjunction with a governmental program. Food provided during a temporary absence of greater than 24 hours from home, such as on a trip, is not income. âFood which you or your spouse raise if it is consumed by you or your household.â Dog food, such as for a seeing-eye dog, is not considered income . There also is a $20 monthly general income cash exclusion and a quarterly $60 irregular and infrequent cash exclusion that could apply if a person or a special needs trust paid for a restaurant meal or other food for a person with disabilities.
Social Security Disability Home Ownership Rules
Through the Social Security Administration , you can receive Social Security Disability Insurance or Supplemental Security Income if you qualify for them. The eligibility criteria for these programs are quite different. SSI is a needs-based program that supports low-income elderly or disabled people. However, SSDI requires you to pay taxes before qualifying for insurance.
Not everyone qualifies for SSI because it has strict income criteria. So, if you are not eligible for that despite having a disability, you may want to pay closer attention to SSDI. In particular, you need to understand the homeownership rules, which may influence access to these benefits.
If Your Social Security Disability Benefit Is Denied Can You Appeal
You can appeal a decision if you are denied disability payments in the state of New York, though the process can be lengthy. If you proceed with an appeals process it is highly recommended that you hire an experienced social security disability lawyer to ensure that you follow proper procedure and your appeal has the best chance for being considered. When you appeal a decision there are a few channels you will have to go through.
Since the appeals process can mean being without benefits for a significant amount of time, it is prudent to hire an SSDI attorney before beginning the application process.
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How Works Affects Your Ssi Payment
Its important to understand how SSI benefit amounts are calculated before you can figure out how working will affect your payments.
For the year 2021, the SSA will pay up to $794 in SSI benefits . This amount is called the federal benefit rate . Your monthly benefit amount is the difference between the FBR and your countable income. Your countable income is made up of the following:
- wages you are paid from your job
- the value of free food and shelter provided for you
- support money from family or friends , and
- payments from other sources, like veterans benefits or unemployment.
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Rules If You Live In A Medical Facility
If you live in a medical facility, such as a hospital or nursing home, you probably cant get full SSI benefits:
- If Medicaid pays for more than half the cost of your care in the facility, the most you can get in SSI benefits is $37 per month.
- If Medicaid does not pay for more than half of your care in the facility, you cannot get any SSI benefits.
- If your doctor says you will be in the facility for less than 90 days and you can show that you need your SSI benefits to keep your home or living arrangement, you may continue to get your full SSI benefits.
- Note: If youre expecting to stay for less than 90 days, you need to get the doctors note and documentation about your need to Social Security right away. The facilitys admissions office can help you.
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The Presumed Maximum Value Rule
The PMV rule says that the most you can get in SSI benefits goes down by a certain amount if:
- Somebody helps you with food and/or shelter, and
- The VTR does not apply to your case.
- Examples: The VTR does not apply if you do not live in the same household as the person helping you with your food and shelter, or if the person helping you does not help with both food and shelter.
The exact amount your maximum SSI benefits go down depends on your situation:
- However, if the actual help you get paying for food or shelter is worth less than the PMV, then your SSI benefits are only reduced by the actual support amount.
- If the value of the support you get is less than the default PMV, you must show Social Security documentation of how much support you actually get.
Note: The support you get according to the PMV rule counts as unearned income for SSI. Because SSI’s general income exclusion means the program doesn’t count your first $20 in unearned income, the amount of SSI benefits you get may be the same regardless of whether the VTR or PMV applies.
Estimate Of Deductions Where No Tax Return Is Available
If a tax return and/or a TNA are not available, deduction amounts will need to be estimated. The estimation method is ONLY to be used where there is no tax return or TNA.
This method should only be used in exceptional cases, such as when a property has been newly rented. As soon as the next tax return is available, the estimate should be discontinued in favour of figures derived from the tax return.
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The above article is intended to provide generalized financial information designed to educate a broad segment of the public; it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.
I Will Lose My Ssi/ssdi Checks When I Start To Work
It is a common concern to be worried about starting work and not earning enough money to pay your expenses and, at the same time, not getting your SSI/SSDI checks anymore.
Both SSI and SSDI have rules to protect your benefits so you can try working and not worry about losing your cash benefits if you cant keep working, or you need to work fewer hours. Some of these rules are the same if you are on SSI or SSDI, but most of them are different. It is important to know if you are on SSI or SSDI, or both. If you are not sure, you may want to request something called a Benefits Planning Query from your Social Security office to find out. For more information on BPQY, click here. You can also read the first page of this section, which has information on figuring whether you are on SSI or SSDI.
o Be paid by you and not paid or reimbursed by another source
o Relate to a serious medical condition, and
o Be necessary; without it, you will be unable to work
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Housing Choice Voucher Homeownership Program
HUDs homeownership vouchers can help pay for homeownership costs and mortgage payments. Families or individuals with disabilities do not need to meet the specific income and employment requirements that people without disabilities must meet.
- Be a first-time home buyer
- Attend and complete the Public Housing Agencies counseling program
- Meet additional requirements depending on your situation we recommend seeking guidance from a PHA counselor
- Great for: People who need mortgage assistance
Rules If Somebody Else Helps Pay For Your Food And Shelter
If you are single and pay for your own food and shelter, you get up to $794 per month in SSI benefits. Shelter expenses can include rent, mortgage payments, property taxes, heating fuel, gas, electricity, water, sewer service, and garbage collection. To qualify for this benefits amount if you live alone, you cannot get help paying for these expenses. If you live with other people, you must pay your fair share without getting help.
If someone else pays for some or all of your food and shelter, Social Security may reduce the maximum SSI benefits amount you can get. This is called in-kind support and maintenance and how Social Security counts it depends on your situation.
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Can I Work While I Apply For Ssd
The short answer to that is yes. You have to work to eat. I understand people have to work to eat and pay rent. You are allowed to work. The Social Security standard is whats known as substantial gainful activity. They say you can work; you just cant cross our threshold. Their threshold for 2017 is $1,170 per month, so as long as you dont cross that threshold, then youre okay.
Now, will it help your case? No. It will not help your case. Will it injure a claim if youre working? No. Youre allowed to work, but its certainly not going to help your case. The judge is going to say, Look, youre working. Why cant you just work a little bit more? Its not going to help us out, but you need to work if you have to eat and pay bills. We understand. You got to do what you got to do.
How much should I work to remain below the social securitys threshold?
The amount youre allowed to earn, $1,170. Thats about $272 per week, $272 per week. Thats before any taxes come out. Thats the gross amount on your check before they pull out all those taxes. Thats about eight hours a day, three days a week, $11 an hour, so you do that, youll be okay.
You earn $12 an hour in that scenario? Thats $288 a week or $1,238 a month which is $68 too much. So, eight hours a day, three days a week, $12 an hour is too much. Social Security would kick you out of the system. They wouldnt even look at your medical records to find out if youre disabled. They just throw you out.
Will Passive Income Reduce Ssi Benefits Or Make You Ineligible
Since passive income is money earned that is not related to a work activity or your ability to perform it, most forms will not be taken into account by the SSA when they are determining your eligibility or the amount of monthly benefit you are entitled to receive.
It is always best when receiving passive income to maintain a hands-off approach to ensure that it is not considered work on your part. This can be done by hiring managers and maintenance people to take care of your rental properties. If investing, have a money manager or stockbroker manage your account. This way the income will be earned through capital appreciation and not actually work in researching and choosing stocks.
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Is Real Estate Income Earned Or Unearned
Income from real estate investments can count as earned or unearned, depending on the situation.;If you want to invest in real estate, you can buy real estate stocks, funds, and REITs without jeopardizing your benefits, as these investments provide a passive income source. But what about buying physical real estate, such as a rental property?;
Actually, ownership of rental property without any activity has been approved and authorized in some cases we handled, says Gantt. However, most landlord-owners are also taking actions that push resultant income from passive to earned income.;;
Because real estate investments can be a bit of a gray area, we encourage clients to determine the passive vs. earned income appearance and proof considerations before starting investment income, says Gantt. are cautioned that active participation in rental property can lead to a finding that the existing disability has lifted, and are no longer SSD eligible.;;
If you are interested in investing in physical real estateand preserving your SSD benefits along the wayplan on speaking with an experienced disability attorney who can help ensure that any income remains passive. Otherwise, its best to stick with the real estate stocks, funds, and REITs.;