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Areement to sell SSI questions

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worry2much

Junior Member
What is the name of your state (only U.S. law)? Vermont - so sorry I hit enter by accident - (
SSI didn't inform me of what I should and shouldn't do with the money. Can I pay back my son after I sell property - Is that an allowable expense ? If it hadn't been for him it would already be in fore closer and If I can't I'm sure he won't keep paying. He has his own family to worry about .What happens than ?
Now lets say all goes good and I sell property . What can I spend the money on, how long do I have to spend it and after it's gone do I have to re apply all over again ? If I have to pay for my own medical bills , rent, utilities and so forth it won't last long. Please help me figure out my problem. I want to do every thing right and not lose my benefits indefinitely.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Vermont - so sorry I hit enter by accident - (
SSI didn't inform me of what I should and shouldn't do with the money. Can I pay back my son after I sell property - Is that an allowable expense ? If it hadn't been for him it would already be in fore closer and If I can't I'm sure he won't keep paying. He has his own family to worry about .What happens than ?
Now lets say all goes good and I sell property . What can I spend the money on, how long do I have to spend it and after it's gone do I have to re apply all over again ? If I have to pay for my own medical bills , rent, utilities and so forth it won't last long. Please help me figure out my problem. I want to do every thing right and not lose my benefits indefinitely.
Deleting your other thread was probably a smart move on your part, worry2much, although I had notified the moderators of the site about the duplicate postings and they could have remedied the problem by transferring the questions asked here to your other, already-in-progress thread. But I guess we start all over here. :)

There is a poster named Onderzoek who is probably the best one on the forum to address your questions (although Commentator provided some information for you in your last thread). Please wait for Onderzoek to post.
 

worry2much

Junior Member
No answers from SSI

I have called then in the past and was told that they can not help me keep my SSI - they can only asses my case and what I do. Than I look at the list of do's and don't for SSI and the questions I have asked in my first post are not there. How can you follow guidelines that don't apply to your situation ? Has anyone had my problem and if so please let me know .
 

Onderzoek

Member
What is the name of your state (only U.S. law)? Vermont - so sorry I hit enter by accident - (
SSI didn't inform me of what I should and shouldn't do with the money. Can I pay back my son after I sell property - Is that an allowable expense ? If it hadn't been for him it would already be in fore closer and If I can't I'm sure he won't keep paying. He has his own family to worry about .What happens than ?
Now lets say all goes good and I sell property . What can I spend the money on, how long do I have to spend it and after it's gone do I have to re apply all over again ? If I have to pay for my own medical bills , rent, utilities and so forth it won't last long. Please help me figure out my problem. I want to do every thing right and not lose my benefits indefinitely.
This is one of those 'what if' questions that can't be answered definitively.

If you are getting conditional benefits based on an agreement to sell excess resources (which I think is why you are still being paid SSI), the first bill you are supposed to pay back is the SSI benefits that would not have been paid except for the agreement to dispose of the excess resource.

If you signed an agreement with SSA about getting paid while agreeing to dispose of excess resources, I suggest you read that form first. I am not even going to try to answer the rest of your questions without knowing why you are still getting paid even though you have this non-home property that should be making you ineligible for payment.

Why did your son decide to make the mortgage payments on your property and what did you discuss with him in regards to repayment when that started? I understand that you didn't want it to go into foreclosure but he took on the responsibility. I am wondering what he thought was in it for him? What did you say to him and what did he say to you? Is paying him back really a repayment of a valid loan or is it giving away money in order to qualify? I don't know. It is always too bad that these kinds of discussions are not written down and an actual agreement is made. Trying to figure it out after the fact gets you on Judge Judy. Do you really have a valid debt to him as well as to SSA for the conditional benefits?
 

worry2much

Junior Member
Benifits where terminated I appealed

From there I asked for the agreement to sell property from SSI .The property was my parents, I informed SSI about it and sent the needed paper work while I waited for a replay . I told my son I can't afford the mortgage payment and the bank will end up taking it back (fore close).He said I will pay the mortgage payments and keep the fire insurance up . He tried to get a loan to buy property with no luck, not enough credit established. I got conditional payments and will have to pay them back after I sell. I told my son please keep taking making the mortgage payments and after I sell, I will pay you back so I won't lose property to fore closer and than go through more rules of ( letting go of resources) with SSI. Was nothing in writing just a promise to pay back what he's paid. Plus he has done a lot work repairs and the upkeep on property. I have 9 months to sell , he's not real happy and may not keep paying. He has his own family to take care of. SSI knows he's paying for I sent them my son's bank statement .Now that I have explained the situation. Could you please help me with my other questions in first post. Please help me if you can. Thank You .
 

Onderzoek

Member
From there I asked for the agreement to sell property from SSI .The property was my parents, I informed SSI about it and sent the needed paper work while I waited for a replay . I told my son I can't afford the mortgage payment and the bank will end up taking it back (fore close).He said I will pay the mortgage payments and keep the fire insurance up . He tried to get a loan to buy property with no luck, not enough credit established. I got conditional payments and will have to pay them back after I sell. I told my son please keep taking making the mortgage payments and after I sell, I will pay you back so I won't lose property to fore closer and than go through more rules of ( letting go of resources) with SSI. Was nothing in writing just a promise to pay back what he's paid. Plus he has done a lot work repairs and the upkeep on property. I have 9 months to sell , he's not real happy and may not keep paying. He has his own family to take care of. SSI knows he's paying for I sent them my son's bank statement .Now that I have explained the situation. Could you please help me with my other questions in first post. Please help me if you can. Thank You .
Once you sell the property, your first responsibility is to pay back SSI. Then with whatever is left, you can pay your legal debts and make purchases for yourself for needed household goods and pay your living expenses. Based on what you say here, it sounds like you may have a valid verbal agreement to repay your son. I never understand why people don't put these discussions in writing. That way everyone knows what was discussed and what was agreed on. However, I do not have access to the proof and can't tell you exactly how the person who can look at the proof will decide.

The month after you sell the property, the money left over will be evaluated as a resource. If you are over the $2000 limit (cash, bank accounts) SSI will stop for as long as you are over the limit. If you are ineligible for 12 months, you will have to reapply and again establish that you are disabled.

Perhaps it might be a good idea to list it for sale at a price that is a little under market value in order to sell quickly since if it drags on, you will owe SSI more and will owe your son more.
 

worry2much

Junior Member
SSI says Current market value

Once you sell the property, your first responsibility is to pay back SSI. Then with whatever is left, you can pay your legal debts and make purchases for yourself for needed household goods and pay your living expenses. Based on what you say here, it sounds like you may have a valid verbal agreement to repay your son. I never understand why people don't put these discussions in writing. That way everyone knows what was discussed and what was agreed on. However, I do not have access to the proof and can't tell you exactly how the person who can look at the proof will decide.

The month after you sell the property, the money left over will be evaluated as a resource. If you are over the $2000 limit (cash, bank accounts) SSI will stop for as long as you are over the limit. If you are ineligible for 12 months, you will have to reapply and again establish that you are disabled.

Perhaps it might be a good idea to list it for sale at a price that is a little under market value in order to sell quickly since if it drags on, you will owe SSI more and will owe your son more.
Thank you so very much for replying . You have given me a lot more ideas and information to consider. Very helpful. I'm not sure if there is a limit to how many questions I can ask ? If there is please let me know .
SSI has informed me I have to sell property for what the town assed it for- which is way to high for the condition of the mobile home. They have given me a chance to ask for a grievance to the town to lower the value. I will have to wait at least another month for the town to get that done (I Hope). What I'm worried about is it not selling , and a lot of banks are turning away older mobile homes loans.
With that said I may be looking at fore closer , my son won't pay mortgage forever. Legal aide can't find any laws or regulations on SSI about what happens with that problem ? This brings me to the other question if I sell or how long it takes after 12 months , I may have to reaply -establish disability Oh My . I have a medical condition that won't improve , but I rather not have to go through it all over. Would I be able to set up a trust for the left over money, of course pay off things that need to be paid first ? Plus with a verbal contract with my son to pay him back , I would have no clue how to write that out on paper to show proff - only his bank statements.
My anxiety is getting worse all of this is really taking a toll on my health. any more ideas if possible would be helpful.
 

Onderzoek

Member
If the property is foreclosed, it is no longer yours and you get no money for it. So the value to you when the foreclosure is complete would be zero. You would no longer have excess resources.

It makes no sense to me to list the property for sale at any price that is higher than the market value, regardless of the assessed value. Your realtor should able to give you a valid market value and it seems to me, you should not expect to get more than that and SSA should also not expect that anyone is going to pay you more than market value. That makes no sense to me.

If it doesn't sell at the listed value, then you reduce the price. Someone will buy it at some point for some number. There is a buyer somewhere. Price it correctly and it will sell. You do have a realtor, don't you? What does the realtor say the price should be?

If you set up a trust with your own money from the sale of this property, the value of the trust will be a resource. So no, you can't keep your money and still get SSI.
 

worry2much

Junior Member
Falls under a different category

Your right - A lot of what I've been told doesn't make sense.:mad: Yes I had an appraiser look at the property , still waiting on there price evaluation. Than I have to put their findings together with the town to get the ok by SSI on the selling price. They say if I sell for less it can make me ineligible , giving away assets for less than current market .
On fore closer I would fall under a clause called ( undue hardship ) and some thing to the affect I will have to prove it ? It's all ridiculous to me , I don't know if Judge Judy could figure this mess out - But I would like to get Nancy Graces opinion !:D!
When this all began one lawyer mentioned about a trust. I was reading up on them to see if that would help . I just didn't want to end up with the money gone ( if it sells) broke and fighting to get my disability back.
Looks like you have done what you could for me , it's just a wait and see of the outcome . Thank you
 

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