Re: Ga & Ssdi

[edmondo93]

Hello Mark My name is Lila and i'm from Hawaii and i have equally divided share of our house and property i am applying for GA and eventually was told to apply for SSDI due to MMD(MAJOR DEPRESSION DISORDER)and was told to see a pschologist within a few weeks however if i am qualified for these benefits my question is this: After my father passed we were told by our ESTATE PLANNER to turn over the house and property to all 4 girls so she did and its in a REVOCABLE LIVING TRUST AT THE PRESENT TIME however like i stated if i am qualified for these benefits CAN THE STATE OF HAWAII OR SSDI TAKE AWAY MY PORTION OF MY HOUSE & PROPERTY? I'm just concerned b/c my mother is 81 years old and she wants to take my name off of my share b/c she afraid that DHS & SSDI will get me into paying all this money back should i be qualified for these benefits. Thanks so much Mark and hope to hear from u soon!!!!!!!!!!!!!!!!

Regards,

Lila Ann

ANSWER: I used to do disability law and I know that you are in a very difficult situation.  Though I am not up on disability law anymore, I believe I can still answer your question.

What your mother is thinking of is what happens in estate recovery under Medicaid.  Unfortunately, with SSDI you don't get that far.  You won't even be able to qualify for SSDI unless your assets are less than $2,000.  However, the good news(kind of) is that there are some exemptions like a personal residence and a car.  These issues are state specific and I am not qualified to counsel you on laws in HI.

If there are assets that your family would like to have available for your use that are not exempt assets for SSDI, your mother can set up a Special Needs Trust to hold those assets for you.  Again, this will be state specific.

If you have a enough of a work history, you may apply for RSDI instead of SSDI.  It pays more and it doesn't matter what assets you have.

I'd love for you to speak with a disability attorney in HI.  You should be able to find one that will not charge for an initial consult.

Best of Blessings,

Mark

---------- FOLLOW-UP ----------

Hello Mark,

Thank u so much for responding and trying to help me w/this however this is what i found out here in my STATE of HAWAII: To qualify for SSI & SSDI i must go through our DHS office which i believe is(WELFARE) and apply for GENERAL ASSISTANCE which if i do qualify i need to go to my MEDICAL DOCTOR and get a report of my MAJOR DEPRESSIVE DISORDER(MDD) and i need to see my PSYCHOLOGIST and give them my REPORT if the PSYCHOLOGIST agrees w/my MDD i will be recieving my GENERAL ASSISTANCE CHECK however one of the requirement is i must apply for DISABILITY which i believe is SSI & SSDI ASAP! This is where i'm concern regarding my PORTION OF THE HOUSE & PROPERTY while waiting for approval from SSI & SSDI which could take a very long time sometimes up to 5 months even 2 years DHS GENERAL ASSISTANCE(WELFARE) will be sending me a check for 418.00 ea month up until SSI & SSDI approves it. However like i stated earlier since my portion of the HOUSE & PROPERTY is under all 4 girls can the STATE OF HAWAII take it away while awaiting for approval from SSI & SSDI THATS MY BIGGEST CONCERN and i understand you can't answer any HAWAII LAWS. I would also like to let u know what i found out regarding SSI & SSDI laws here in HAWAII: "It says here to qualify for SSI u must have little or no income and few resources. This means that the value of the things you own must be less than $2,000 if you are single or less than $3,000 if you are married. The value of your home does not count, usually and the value of your car does not count and the value of certain other resources, such as a burial plot may not count either."

"Also to get SSI you must apply for any other cash benefits u may be able to get." Mark i would like to know what do they mean by "The value of your home does not count" does this mean that u can own your own home? Also i just want to point out that OUR HOUSE & PROPERTY IS DIVIDED EQUALLY among us 4 girls which means our names are on the deed but my mom has "POWER OF ATTORNEY" what does this mean? I apologize this is so "CONFUSING" its making my depression worst! Thanks so so much for all your help Mark and hope to hear from u soon!

[Sanford]

"The value of your home does not count" is what I was referring to in my earlier answer as being an "exempt asset."  It is exempt from being counted as an asset for SSDI purposes.  So, yes, you may own your own home.

You are also correct that you must be pursuing SSDI to receive GA.  My understanding is that DHS will not seek recovery of the GA they have given you unless you have obtained it under fraudulent circumstances.  (i.e. You lied to them to get it.)  However, this is state specific.  You should speak with a HI disability attorney.

Unfortunately, I can not tell you what your mom's power of attorney gives her the power to do without seeing all of the documents surrounding this issue.  I am sorry that I can not be of more help.  I really think you could get a lot of emotional relief by getting a free consult with a disability attorney in Hawaii.

Best of Blessings,

Mark