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How Can a Crowdfunding Account Affect a Person on Medicaid and SSI?

How Can a Crowdfunding Account Affect a Person on Medicaid and SSI? by Marissa Kleiner

Over the past couple of years, when on social media, I have seen more and more crowdfunding and personal fundraising efforts. Crowdfunding sites such as GoFundMe and Kickstarter cut out the middleman of fundraising, allowing the person or organization in need to appeal directly to the general public.

In many cases, crowdfunding takes place when a family member or friend has a medical emergency and needs help with paying the bills. Unfortunately, many do not take into account other contributing factors or benefits some people may already be receiving. For example, if a crowdfunding site is established for a person with special needs who is receiving disability or medical benefits, negative repercussions can be seen.

The Social Security Administration (SSA) does not have a fixed policy regarding Social Security Income benefits and crowdfunding sites; however, its treatment of other resources can project the problem of crowdfunding accounts.

Let’s imagine a crowdfunding account that’s created for a young man, Aiden, who is currently receiving Social Security Income and Medicaid. If Aiden created the account for himself, that means he has direct access to the funds in the account. Regardless of whether the crowdfunding page outlines what he can use the money for, it is likely that the funds are going to be counted as a countable resource for Medicaid and Social Security Income (SSI) purposes. Once a donation is made, regardless of whether the intentions are to use the money for medical bills, the beneficiary, in this case, Aiden, can really use the money on whatever he chooses. For that reason, the SSA will most certainly count funds in a crowdsourcing account established by an SSI beneficiary as the beneficiary’s money, as will most state Medicaid agencies.

When dealing with accounts that are set up on someone’s behalf, things can get a little more complicated. Let’s take John, for example. John was critically injured in a motorcycle accident. John’s best friend, Peter, decided to create a crowdfunding account to help pay for John’s hospital bills. In a situation like this, one can argue that the account is not the beneficiary’s resource, provided the Medicaid or SSI beneficiary does not have direct access to the funds. However, since the SSA doesn’t have specific rules pertaining to these accounts, it’s impossible to know if the money in a crowdfunding account will count against a beneficiary even if he cannot access the funds himself.

Instead of creating a crowdfunding account in situations such as the ones outlined above, a better option would be to create a special needs trust to hold the funds to care for a beneficiary. Although creating a special needs trust might require additional work, they are unquestionably exempt from SSI and Medicaid resource restrictions. In some cases, some donors who want to use the convenience of a crowdfunding account with the benefits of a trust have set up a special needs trust first, then make it the beneficiary of the crowdfunding account. 

Before setting up an account for a person with disabilities, it is imperative to discuss the matter with a special needs planner.

Marissa Kleiner
Russo Law Group, P.C.
100 Quentin Roosevelt Blvd., Suite 102
Garden City, NY 11530

This Post Has 4 Comments

  1. My husband and I have a good friend that set up a GoFundMe account in his name. He wants to raise the money to help buy a chair as a gift to my husband’s daughter. The money will be raised by family, friends and other people through the GoFundMe. She is on SSI and Medicaid through the state and her mother is now trying to stop the whole thing from happening because of her losing these benifits. What are the legal options on this situation? She isn’t going to receive the funds directly as her name isn’t on it. Our names are not associated with the account either. It is strictly under the friends name. What are our legal options or obligations? Can she lose her benifits because of this?

  2. I set up a go fund me account for my stepdaughter and grandson who lived in Iowa because their apt burned down Jan 1st she did not have a bank account so I put in in mine and sent her the money through Walmart it affected my husband ss Check as he works part time he received $16 today this was not income we used for personal gain .

    1. Thanks for reaching out to us.

      In order to properly advise you as to your question, we would need to review your situation and advise you as to your options.

      If interested in our law firm advising you, please contact our office at 516-683-1717.
      Please note this reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.

      Sincerely Yours
      Janet Corsetti, Client Service Coordinator

  3. ¡Publicación informativa! Tus perspectivas sobre cómo el financiamiento colectivo puede afectar a los beneficiarios de Medicaid y SSI son cruciales para comprender los impactos financieros. ¡Gracias por compartir!

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