[blindlaw] ramifications of receiving Target settlementcheckforSSI recipients

[McCarthy, Jim]

In my opinion, a public statement like "welcome to the real world is a
statement full of judgment that really does not add anything of value to
this discussion.  It may be your opinion and you are absolutely entitled
to have it.  The goal of the post though was only to address an issue
that I am sure will come up over and over again.  Correct information
should aid people in their decision making and that was my primary
objective in posting.
Jim McCarthy 

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of Steve P. Deeley
Sent: Thursday, June 11, 2009 11:58 AM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] ramifications of receiving Target
settlementcheckforSSI recipients

SSI recipients, welcome to the real world!!

Steve
----- Original Message -----
From: "McCarthy, Jim" <JMcCarthy at nfb.org>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Thursday, June 11, 2009 9:22 AM
Subject: Re: [blindlaw] ramifications of receiving Target settlement
checkforSSI recipients


> Chuck and others,
> We at the National Center for the Blind have begun to receive calls on

> the same point.  I reached out to one of the lawyers and suggested 
> that individuals need to know the basic consequences of their 
> receiving money from the Target settlement.  However, the means to 
> best convey that information to a large class of diverse members poses

> some challenges and I am not sure how it will be addressed at this 
> time.  I do think some basic information on this list is not a bad 
> idea though because many of us may have contact with folks who get SSI

> and have received Target Settlement funds.
>
> Unfortunately, there is no income or resource exclusion in SSI for 
> settlements of civil rights cases as this clearly is.  As for the 
> possibility of a special needs trust, I doubt that the amounts are 
> significant enough to make a trust really feasible and I imagine you 
> are also right regarding timing.  The basic SSI rule applies.  The 
> funds, between $3,500 and $7,000, as I understand the amounts, are 
> unearned income when received.  That means all but $20 is counted when

> determining whether an SSI benefit is available.  Needless to say, in 
> the month of receipt, no check is available.  In the next full 
> calendar month, the funds become a resource.  An individual is allowed

> a total of $2,000 in resources so for as long as the total exceeds 
> that amount, the individual is not entitled to an SSI benefit.  The 
> final thing I will say about this is that if anyone in California 
> wants to give advice to chapter members, friends etc. receiving SSI 
> who are entitled to funds from the Target settlement, discourage 
> people from putting the settlement money under the mattress.  The 
> rules I mentioned above kick in on receipt of the money and it is 
> pretty clear within perhaps a day or so, when each person received 
> their money.  Holding it thinking or hoping SSI will not come to know 
> is a very bad strategy that will not work.
> Jim McCarthy
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
> On Behalf Of ckrugman at sbcglobal.net
> Sent: Thursday, June 11, 2009 5:26 AM
> To: NFBnet Blind Law Mailing List
> Subject: [blindlaw] ramifications of receiving Target settlement check

> forSSI recipients
>
> Recently I was contacted by a chapter member who was a recipient of 
> the Target settlement check. He is receiving SSI and is concerned 
> about protecting his settlement check and benefits. Was this issue 
> addressed or does anyone have suggestions. I think it might be a 
> little late for a special needs trust to be established. Let me know.
> Chuck
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