what kind of an attorney can help me with an ssi able account

by Raphaelle Ebert 8 min read

How does the ABLE Act affect my SSI eligibility?

If you do not have a representative and we denied your case, we will give you a list of legal referral services, legal service organizations (for example, local bar associations, legal aid societies, legal service corporations, and law schools with legal aid programs), and community organizations in your area that may represent you or help you ...

How do ABLE accounts work with disability benefits?

Feb 03, 2022 · In addition, SSI recipients who are eligible for ABLE accounts will no longer need to quickly spend the lump sum of back payments they receive when they're first approved for SSI (which can be as high as $15,000 or more); they can instead put the money into an ABLE savings account for future use.

How can someone help me with my Supplemental Security Income (SSI)?

Jan 20, 2017 · As a result, Jackie received a 1/3 reduction in her benefit due to in-kind support and maintenance. Jackie established an ABLE Account and the Trustee of her Special Needs Trust distributed $5,000 to the account. Jackie can now pay her sister $1,000 to cover her pro rata share of the expenses (via SSI and her ABLE Account).

Who can open an ABLE account?

SECTION 4 Can Someone Help Me With My SSI Application? ... a type of legal arrangement ... • An ABLE savings account - Under a new law signed by President Obama in 2014, and passed by the California legislature in 2015, people with a disability that began prior to …

Who regulates ABLE accounts?

Both 529 college savings plans and ABLE accounts are considered "municipal fund securities" and regulated under rules of the Municipal Securities Rulemaking Board, or MSRB.

How much money can you have in bank on SSI?

To get SSI, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. We call this the resource limit.

Can an ABLE account be inherited?

Although an ABLE account owner may not have a will, they can name a beneficiary for ABLE funds that remain after their death. ABLE funds can be used to pay for outstanding qualified disability expenses along with burial and funeral expenses.

How do I fight Social Security overpayment?

How do I appeal the overpayment? You must file SSA Form 561, "Request for Reconsideration." You can get this form at your local SSA office, ask for one by phone, or download it online. You can also file a Request for Reconsideration online. You should turn the form in with evidence showing SSA did not overpay you.

What is the new SSI amount for 2021?

$794Generally, the maximum Federal SSI benefit changes yearly. SSI benefits increased in 2021 because there was an increase in the Consumer Price Index from the third quarter of 2019 to the third quarter of 2020. Effective January 1, 2021 the Federal benefit rate is $794 for an individual and $1,191 for a couple.

How long can you collect SSI?

For those who suffer from severe and permanent disabilities, there is no “expiration date” set on your Social Security Disability payments. As long as you remain disabled, you will continue to receive your disability payments until you reach retirement age.

How do I fund a ABLE account?

Strategies for Funding an ABLE AccountContributions by the designated beneficiary.Contributions by parents, other third parties.Contributions from a trust.Feb 28, 2019

How do I withdraw from ABLE account?

WithdrawBy check to you, the account owner, or to a company;Electronically to your personal bank account on file with the Plan; or.You can set up prescheduled withdrawals to send money systematically to an individual or company.

What can money from an ABLE account be used for?

ABLE account funds may be used for qualified disability expenses, or QDEs, which may include any expense related to the beneficiary as a result of living a life with a disability. Examples of these expenses may include education or other expenses which help improve health, independence and/or quality of life.

Can you go to jail for owing Social Security?

If you receive Social Security, we'll suspend your benefits if you're convicted of a criminal offense and sentenced to jail or prison for more than 30 continuous days.

What happens if you don't pay back SSI overpayment?

If you think the overpayment wasn't your fault, and you can't afford to pay it back, you can ask SSA to forgive the overpayment. This is called a “Request for Waiver.” You must file a special form called SSA-632. You should file your Request immediately to stop money from being taken out of your monthly benefits.

Why did Social Security give me extra money this month?

The extra payment compensates those Social Security beneficiaries who were affected by the error for any shortfall they experienced between January 2000 and July 2001, when the payments will be made.

You May Choose Somebody to Help You With

Completing forms;Going with you to your local Social Security office;Interpreting for you;Gathering and giving information;Taking you to medical ex...

If You Want Help With Your Claim, You May Appoint A Representative to Help You

Complete and file forms;Gather information and file it with us;Review your file and understand the law;Review your file and understand the law;Get...

How Do You Appoint A Representative?

You must sign a statement naming (or in other words "appointing") your representative. We have an "Appointment of Representative" form that you can...

If You Do Not Speak English Or Have Difficulty Speaking English

We will provide an interpreter, at no cost to you, if you ask for one or if you need language assistance.You may use a bilingual family member, fri...

If You Are Deaf Or Hard of Hearing

You may provide your own sign language interpreter, at no cost to us. If you prefer, we will provide you with a sign language interpreter, if neede...

If You Think You Can't Afford to Appoint A Representative

If you do not have a representative and we denied your case, we will give you a list of legal referral services, legal service organizations (for e...

What We Will Ask You About

To decide whether you can get SSI, we will ask you about:your income;the things you own (resources);your living arrangements (where you live, with...

What is an ABLE account?

ABLE savings accounts are special bank accounts for individuals with disabilities where the funds don't count as assets or resources for the purpose of SSI disability benefits or Medicaid. (ABLE stands for Achieving a Better Life Experience Act, a federal law passed in 2014.) Historically, individuals receiving SSI or Medicaid benefits weren't able ...

Where are ABLE accounts available?

ABLE account enrollment is open in California, New York, Florida, Illinois, Pennsylvania, Texas, ...

Can I put my SSI money into an ABLE account?

In addition, eligible SSI recipients will no longer need to quickly spend the lump sum of back payments they receive when they are first approved for SSI (which can be as high as $15,000 or more); they can instead put the money into an ABLE savings account for future use.

Is an ABLE account tax deductible?

Federal rules about the money put in and taken out of an ABLE account include the following: Deposits into ABLE accounts are not federally tax deduct ible. (Some states do provide tax deductions, including Michigan and Oregon.)

Does ABLE account count as SSI?

Distributions from ABLE accounts related to non-housing expenses do not count as resources for SSI and Medicaid purposes in the month they are withdrawn from the account, and, even if unspent, will not be counted as resources as long as the ABLE account is maintained and the money for non-housing needs is kept separate from other funds.

Can a parent contribute to an ABLE account?

ABLE savings accounts now allow parents and relatives of individuals with life-long disabilities (or the individuals themselves) to contribute funds to the account, without causing the individuals to lose eligibility for government benefits.

Who can establish an ABLE account?

Distributions are only to or for the benefit of the designated beneficiary. A person with signature authority can establish and control an ABLE account for a designated beneficiary who is a minor child or is otherwise incapable of managing the account.

What is an ABLE account?

An Achieving a Better Life Experience (ABLE) account is a tax-advantaged savings account to which contributions can be made to meet the qualified disability expenses of the owner, or designated beneficiary.

What age do you have to be to qualify for SSDI?

He or she must be: eligible for Supplemental Security Income (SSI) based on disability or blindness that began before age 26; entitled to disability insurance benefits (DIB), childhood disability benefits (CDB), or disabled widow’s or widower’s benefits (DWB) based on disability or blindness that began before age 26; or.

How many ABLE accounts can an individual have?

An eligible individual may have only one ABLE account. A contribution is the deposit of funds into an ABLE account. Any person may contribute to an ABLE account for an eligible beneficiary. Typically, contributions for an ABLE account may not exceed the annual gift tax exemption ($15,000 in 2021).

When did the ABLE Act become law?

The Stephen Beck, Jr., Achieving a Better Life Experience (ABLE) Act became law on December 19, 2014. The law aims to increase financial independence and improve quality of life while easing financial hardship faced by many individuals with disabilities and their families. 3. Who is eligible to own an ABLE account?

What is a distribution in retirement?

A distribution is the withdrawal from an ABLE account.

What is a QDE?

Qualified disability expenses (QDE) are expenses made for the benefit of the designated beneficiary and related to his or her disability, including, but not limited to: Education; Housing; Transportation; Employment training and support; Assistive technology and related services; Health; Prevention and wellness;

What is the purpose of SSI?

This reduction for in-kind support is premised on the idea that the purpose of SSI is to provide for a person’s basic need for food and shelter, and that if someone else is providing such food or shelter, then that individual does not need the full SSI benefit. The SSI benefit is accordingly reduced by the presumed maximum value, ...

How old is Jackie from Cerebral Palsy?

Jackie is a 35-year old with Cerebral Palsy who lives with her sister. When Jackie moved in with her sister, her pro rata share of household expenses totaled $1,000 and the full SSI benefit was not sufficient to cover her pro rata share. As a result, Jackie received a 1/3 reduction in her benefit due to in-kind support and maintenance. Jackie established an ABLE Account and the Trustee of her Special Needs Trust distributed $5,000 to the account. Jackie can now pay her sister $1,000 to cover her pro rata share of the expenses (via SSI and her ABLE Account). The change in circumstances will be reported to the Social Security Administration who would then increase Jackie’s SSI check to the full $735 a month. From that point forward, Jackie’s Special Needs Trust will continue to distribute money into her ABLE Account so that she can continue to pay her pro rata share of household expenses and receive her full SSI check.

How old is Ron from Down Syndrome?

Ron is a 19-year old with Down Syndrome who lives with his parents. Ron just started to receive SSI; but, because his parents do not charge him for food or shelter, he receives a 1/3 reduction of his full benefit amount due to in-kind support and maintenance. The monthly household food and shelter expenses total $2,175, and because Ron is one of three people living in the house, he is responsible for a total of $725. Because of the reduction in income, Ron is unable to start paying his parents his pro rata share of the household food and shelter expenses. An ABLE Account is established for the benefit of Ron, and Ron’s parents contribute $2,000 to the account. Ron will pay his parents his $725 share of rent (from a combination of his SSI check and his ABLE Account). The rent payments will be reported to the Social Security Administration, and the Social Security Administration will then increase Ron’s SSI check to the full $735. To continue to receive the full benefit amount, Ron must continue to pay his parents rent. (Bear in mind that earned and unearned income may also factor into Ron’s benefit amount, but this is for a later discussion).

Can a skunk spray on a pet?

Kit Kat: Well, this can cause some problems you might not anticipate, though, generally, your pet’s encounter with a skunk can be quite harmless. Usually, the skunk gives some warning before employing its ultimate weapon—the spray.

Can you bleach a dog's fur?

If your pet has long hair, you may want to consider clipping them before shampooing, because a shorter coat will foster more effective results. There may be some bleaching of the fur with this procedure, but it is not harmful to them . Repeat as necessary.

How to keep skunks away from my house?

Second, make sure areas around decks are blocked, so they cannot make their home there. Third, keep exterior lights at night on or install motion-activated lights. Skunks do not like light.

Do skunks like light?

Skunks do not like light. Fourth, discourage their nesting in your yard by sprinkling kitty litter in front of their den/hole or stuffing it with twigs and leaves. This will let them know, that they are not welcome. Hopefully, with this knowledge, you will be well-equipped to handle your pet’s skunk encounter.

What is an ABLE account?

ABLE accounts are Section 529A savings accounts that allow eligible persons with a significant disability that began before age 26 to save without an effect on most means-tested benefits. The savings grow tax-free and may be used for qualified disability expenses (QDEs).

When is the next Work Incentives Seminar?

Join us on Wednesday, March 27, 2019, at 3 p.m. ET for the next Work Incentives Seminar Event (WISE) webinar! This free event will include even more information about how ABLE accounts can help certain people with disabilities as they pursue financial independence through work.

Does Social Security change your earnings?

When you're working and depositing earnings into an ABLE account, Social Security does not change the way they look at your earnings. They apply their regular income counting rules to earnings and to other income. While direct deposit of earnings into an ABLE account can be used and is encouraged, it is not a way to avoid income counting rules.

What is a ticket to work?

Social Security's Ticket to Work (Ticket) program supports career development for people ages 18 through 64 who receive Social Security disability benefits (SSI or SSDI) and want to work. The Ticket program is free and voluntary. It helps people with disabilities move toward financial independence and connects them with the services and support they need to succeed in the workforce.

Who is Marlene Ulisky?

About the writer. Marlene Ulisky is the manager of financial empowerment at the ABLE National Resource Center and works at the National Disability Institute as part of the Training and Technical Assistance Team. Previously, she worked at Social Security for 35 years and the Florida Office of Vocational Rehabilitation, ...

Is the $2,000 limit for SSI?

While it is true that SSI and Medicaid programs have a $2,000 resource limit for an individual, the ABLE Act offers an exception: The first $100,000 in an ABLE account is not counted when your eligibility for SSI is determined.

How much can you contribute to an ABLE account?

Beneficiaries can have no more than one account and annual contributions can’t exceed $14,000, a number that’s likely to increase over time.

What age do you have to be to get SSI?

In addition to having a disability that appeared prior to the age of 26, the beneficiary must meet one of the following conditions: be receiving SSI or SSDI (Social Security Disability Insurance); have a letter from a licensed doctor certifying that the beneficiary meets Social Security’s definition of disability;

Who Can Open An account?

  • An ABLE account can be opened by a beneficiary, parent, guardian/conservator or agent designated through power of attorney. Regardless of who is responsible for managing the account, it may be advisable to consult a special needs attorney about establishing a power of attorney to avoid interruptions in signature authority.
See more on specialneedsalliance.org

How to Sign Up

  • To date, all the programs have an online application process, with help available by phone or email. Nebraska also provides a hard copy application for mail-in. This form must be used by guardians, conservators or agents designated through power of attorney, who must supply evidence of their legal responsibility. Parents of a minor beneficiary can apply online.
See more on specialneedsalliance.org

Certification

  • So far, Florida is the only state limiting eligibility for its ABLE program to state residents. Other requirements are federally mandated, and applicants are responsible for self-certifying that they meet them. In addition to having a disability that appeared prior to the age of 26, the beneficiary must meet one of the following conditions: 1. be receiving SSI or SSDI (Social Security Disability …
See more on specialneedsalliance.org

Other Information Needed

  • The following information is required concerning the beneficiary: 1. name, 2. address, 3. Social Security or taxpayer identification number, 4. birth date and 5. email address. If the account is being opened by someone other than the beneficiary, their personal information will also be needed. For those who wish to transfer funds electronically (where available), bank account and …
See more on specialneedsalliance.org

Contributions

  • Deposits to an ABLE account can be made by anyone, and there are federally determined limits. Beneficiaries can have no more than one account and annual contributions can’t exceed $14,000, a number that’s likely to increase over time. Balances over $100,000 will cause SSI to be suspended until they fall below that level. The amount at which Medicaid is affected will vary by …
See more on specialneedsalliance.org

Investment Options

  • All states offer a variety of investment choices, ranging from conservative to aggressive. 1. Floridaoffers seven professionally managed options, including both predefined portfolios and individual funds from which customized portfolios can be structured. 2. Nebraskaoffers four investment options, including an FDIC-insured Bank Savings Option. In fall 2016, an additional C…
See more on specialneedsalliance.org

Fees

  1. Floridawaives maintenance fees till July 1, 2017, after which there will be a $2.50 monthly fee if the beneficiary chooses electronic withdrawals. An extra $10 will be charged yearly for paper chec...
  2. Nebraskacharges $11.25 quarterly ($45 annually), in addition to asset-based fees ranging from 0.50% to 0.56 %, depending upon investment choices. As of fall 2016, a checking account opt…
  1. Floridawaives maintenance fees till July 1, 2017, after which there will be a $2.50 monthly fee if the beneficiary chooses electronic withdrawals. An extra $10 will be charged yearly for paper chec...
  2. Nebraskacharges $11.25 quarterly ($45 annually), in addition to asset-based fees ranging from 0.50% to 0.56 %, depending upon investment choices. As of fall 2016, a checking account option will be...
  3. Ohiohas a tiered fee structure. Residents pay $2.50/month ($30 annually) for account maintenance and asset-based fees of 0.19% to 0.34%, based on their investment choices. Out-of-state account hold...
  4. Tennesseedoesn’t charge for account maintenance but has asset-based fees of 0% to 0.63%…

Account Management

  1. Withdrawals
  2. Rollover to another state’s ABLE plan
See more on specialneedsalliance.org