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Will my class action settlement refund of $2100 affect my SSI eligibility?

I'm really stressed about a check I just received and hope someone can help me figure out what to do. I got a refund check of $2100 from a class action settlement for a pre-need funeral plan I had. The problem is that I'm on both SSDI and SSI disability, and I know SSI has that strict $2000 resource limit. This puts me $100 over the limit, but it's just a one-time payment, not regular income. I feel like I should report it to SSA, but I'm worried they'll cut off my SSI benefits or demand repayment. Years ago, I received a larger settlement from a different class action (related to my mom's cancer from environmental exposure), and I remember having to report it and spend it within a certain timeframe. Would this smaller settlement be handled the same way? Do I get a grace period to spend it? Should I just cash it and quickly spend $101 to get back under the limit? I really don't want to mess up my benefits over this!

Dylan Wright

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u have to report it within 10 days i think. just spend it quick and ur prolly fine. buy something u need.

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Thank you! I'm just nervous because I can't afford to lose my SSI even for a month. I wonder if I should just call my local office to be safe?

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NebulaKnight

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You absolutely need to report this to Social Security, and yes, it does count toward your resource limit for SSI purposes. However, you're remembering correctly - you do have options here. Unlike the previous settlement, this smaller amount is subject to what's called the "spend down" rule. You have until the end of the following month after receiving it to spend the excess resources (the $100 over limit) to maintain SSI eligibility. So if you received it in May, you have until the end of June to spend that $100+ and get back under the $2000 limit. Here's what you should do: 1. Report the payment to SSA within 10 days of receiving it (mandatory) 2. Document when you received it (keep a copy of the check and envelope) 3. Spend the excess amount before the end of next month 4. Keep receipts of whatever you spend it on (should be legitimate expenses) This is different than larger settlements that might qualify for a PASS plan or special needs trust. For this small amount, a simple spend-down is your best option.

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Sofia Ramirez

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This is great advice but the OP should check if the settlement is "exempt" income first!!! Some class action settlements are specifically exempt from SSI resource counting!!! It depends on what the lawsuit was about. My brother got one for a defective medical device and it didn't count at all for his SSI!!!

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Dmitry Popov

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I HAD ALMOST THE EXACT SAME THING HAPPEN!! I got a settlement check for $1750 last year and panicked because of my SSI. Called SSA for THREE DAYS straight and couldn't get through to a real person!!! Just disconnected every time after waiting 2+ hours!!! So frustrating!!! Finally I found this service called Claimyr that got me through to an actual SSA agent in 20 minutes. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent told me I needed to report it AND spend down any amount over $2000 before the end of the next month. Kept my benefits with no problems. Worth checking out if you're having trouble reaching someone at SSA.

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Oh wow, that sounds exactly like what I need! I tried calling yesterday and got disconnected after waiting forever. I'll check out that link because I really need to talk to a real person about my specific situation. Thank you!

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Ava Rodriguez

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Just to add some clarification here - the type of settlement matters a lot for SSI reporting. Some settlements are specifically excluded from resource counting, like disaster relief payments or certain victims' compensation payments. Your pre-need funeral plan refund likely doesn't fall into an exempt category, so the standard rules apply: 1. Report within 10 days (mandatory) 2. You have until the end of the following month to spend down 3. After that, anything pushing you over $2000 will make you ineligible Also, be careful what you spend it on. Buying a resource that counts (like a second vehicle) won't help. Best to use it for rent, food, bills, or other consumable expenses. Keep all documentation. One option worth exploring: you could actually put the full amount into a proper funeral/burial arrangement which IS exempt from SSI resource limits. Since it was originally for a pre-need plan anyway, this might be the simplest solution.

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Miguel Ortiz

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my cousin put all her extra money in one of those irrevocable burial trusts and SSI didnt count it at all. good idea

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I hadn't thought about putting it back into a burial fund - that's actually a really smart idea since that's what it was for originally. I'm going to look into this option!

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Zainab Khalil

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Im on SSI to and get SSDI. It's confusing cause there diffrint. The SSDI doesn't have asset limits but SSI dose. So you can have unlimited money in bank for SSDI but only $2000 for SSI. Thats why some people try to get off SSI if there SSDI payment is enuf. But you probly need both. I had to report when I got backpay from my uncle dying. Spent it on a new fridge and fixing my car so I got under the $2000 limit fast. Didn't have problems.

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NebulaKnight

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This is an important distinction. SSI is need-based with strict asset limits, while SSDI is based on your work credits and doesn't have resource limits. If your SSDI payment is low enough that you qualify for SSI too (concurrent benefits), you'll need to follow the stricter SSI rules regarding assets.

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Miguel Ortiz

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i think theres a special rule about funeral trusts being exempt from the $2000 limit? maybe you could put the money back into an actual funeral plan and then it wouldn't count? just thinking out loud here

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Ava Rodriguez

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You're absolutely right. Irrevocable burial trusts and prepaid funeral arrangements are exempt resources for SSI. Since the settlement was originally from a pre-need plan, using the funds for that purpose makes perfect sense and would solve the resource limit issue entirely.

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Sofia Ramirez

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Whatever you do, DON'T just ignore it and not report it!!! My cousin didn't report a small insurance payment and ended up with an overpayment notice for six months of benefits they wanted back! The SSA computer systems eventually find these things through tax records or banking information. You have to report it within 10 days of receiving it. That's non-negotiable. But after that, you have options for how to handle it. The spend-down period gives you time to plan. I'm wondering though... if this was from a pre-need funeral plan, could you just use the money to establish a new pre-paid funeral arrangement? Those are exempt from SSI resource limits completely. Might be the cleanest solution!

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That's exactly what I'm worried about - getting hit with an overpayment later! I'm definitely going to report it right away. The burial fund idea is sounding better and better as I hear multiple people suggest it.

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Dylan Wright

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also just wanna say the whole $2000 limit is ridiculous in 2025!!! how is anyone supposed to save anything with that stupid rule??? cant even have emergency savings without losing benefits smh

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Dmitry Popov

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PREACH!!! The $2000 limit hasn't changed since the 1980s!!! Total garbage rule that keeps disabled people in poverty forever!!! Even a basic emergency fund would put you over the limit. Makes me so angry!!!

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