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How to Keep Your Disability Benefits If You Receive an Inheritance or Gift

Receiving an inheritance or large gift can be a blessing—but if you're on SSI, it can also put your benefits at risk. Here's how to handle unexpected money while protecting your disability benefits.

In this article, we'll cover:

  1. How inheritances affect SSI vs SSDI
  2. What to do when you receive money
  3. Options to protect your benefits
  4. Special needs trusts explained
  5. ABLE accounts for inheritances

How Inheritances Affect SSI vs SSDI

SSDI recipients:

  • Good news: Inheritances don't affect SSDI
  • No resource limits for SSDI
  • Keep the entire inheritance
  • Benefits continue unchanged
  • No action required

SSI recipients:

  • Inheritance counts as a resource
  • $2,000 limit ($3,000 for couples)
  • Could immediately exceed limit
  • Benefits can be suspended or terminated
  • Quick action may be needed

What counts as inheritance:

  • Cash
  • Stocks and bonds
  • Property
  • Vehicles
  • Any assets received

What to Do When You Receive Money

For SSDI recipients:

  • Deposit it, save it, spend it—your choice
  • No reporting required for assets
  • Doesn't affect your benefits

For SSI recipients:

Immediately:

  1. Don't spend recklessly to get under limit (SSA may view as transfer of resources)
  2. Report the inheritance to SSA within 10 days
  3. Consider your options (below)
  4. Act quickly—time matters

Within first month:

  • You have until the 1st of the following month
  • Resources counted on the 1st
  • Some spending down is allowed
  • But strategic options are better

Options to Protect SSI Benefits

Option 1: Spend down on exempt items

  • Pay off debt
  • Buy or repair a vehicle (one is exempt)
  • Home repairs/improvements
  • Prepay funeral expenses
  • Buy household items you need

Option 2: Special Needs Trust

  • For larger inheritances
  • Funds don't count as resources
  • Must be set up properly
  • Provides long-term protection

Option 3: ABLE Account

  • If disabled before age 26
  • Save up to $100,000 without affecting SSI
  • More flexible than trust
  • You control the account

Option 4: Pooled Trust

  • Alternative to individual trust
  • Managed by nonprofit organization
  • Good for smaller amounts
  • Easier to set up

What NOT to do:

  • Don't give money away to stay eligible
  • Don't hide the inheritance
  • Don't refuse to accept it (counted anyway)
  • Don't panic spend without a plan

Special Needs Trusts Explained

What is a Special Needs Trust?

  • Legal arrangement to hold assets
  • Assets don't count for SSI
  • Managed by trustee for your benefit
  • Provides supplemental support

Types of trusts:

First-party (self-settled):

  • Funded with your own money
  • Must have Medicaid payback provision
  • For inheritances, settlements, back pay
  • Must be under 65 to establish

Third-party:

  • Funded by someone else's money
  • No Medicaid payback required
  • Parent or grandparent can set up
  • Can receive inheritance this way

What trust funds can pay for:

  • Supplemental needs beyond SSI
  • Entertainment and recreation
  • Electronics and equipment
  • Travel
  • Education
  • Therapy and services
  • Much more

What trust funds cannot pay for:

  • Food and shelter (reduces SSI)
  • Cash to beneficiary
  • Must be for beneficiary's benefit

Setting up a trust:

  • Need an attorney experienced in special needs
  • Costs $2,000-5,000+ typically
  • Must be done correctly
  • Worth the investment for larger amounts

ABLE Accounts for Inheritances

What is an ABLE account?

  • Tax-advantaged savings account
  • For people disabled before age 26
  • First $100,000 doesn't count for SSI
  • You control the funds

Advantages over trusts:

  • Lower cost to set up
  • You manage the account
  • Flexible spending
  • No trustee needed

ABLE account limits:

  • Annual contribution limit (2025: ~$18,000)
  • Total limit varies by state (often $300,000+)
  • Only first $100,000 exempt for SSI
  • Above $100,000, SSI suspends (not terminates)

Using ABLE for inheritance:

  • Can contribute up to annual limit
  • May need multiple years to move large inheritance
  • Remainder could go to trust or be spent
  • Plan carefully

What ABLE funds can pay for:

  • Housing and transportation
  • Education and employment
  • Health and wellness
  • Assistive technology
  • Financial management
  • Much more (disability-related)

Pooled Special Needs Trusts

Good option for:

  • Smaller inheritances
  • When individual trust cost too high
  • Those over 65 (some accept)
  • Easier administration

How they work:

  • Nonprofit manages the trust
  • Your funds in sub-account
  • Pooled for investment
  • Individual spending for your benefit

Finding a pooled trust:

  • Search "[your state] pooled special needs trust"
  • Contact disability organizations
  • Ask social workers
  • State disability services may have lists

If You've Already Exceeded the Limit

What happens:

  • SSI stops for months over limit
  • You may owe overpayment
  • Benefits resume when under limit

Steps to take:

  1. Report the situation to SSA
  2. Spend down to under $2,000 quickly
  3. Document your spending
  4. Request benefits resume
  5. Deal with any overpayment

For overpayments:

  • Request waiver if not your fault
  • Request repayment plan
  • Appeal if you disagree
  • Don't ignore it

How Purple Helps

Purple helps you manage your finances:

  • See your balance clearly
  • Track when you're approaching limits
  • Get benefits early to pay expenses
  • Simple account management
  • No fees eating into your inheritance

With Purple, you can keep track of your resources and protect your SSI benefits.

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Purple is a financial technology company, not a bank. Banking services are provided by OMB Bank, Member FDIC.