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Friday, May 18, 2018
Millions of Americans currently collect benefits from Social Security Disability Insurance (SSDI). Equally, there are millions who suffer car accidents each year in the country. When you find yourself in both categories, you may wonder if one will affect the other. If you were to receive SSDI benefits, how would that affect your car accident settlement? Would you still receive SSDI if you also receive compensation for your accident and injuries?
Naturally, it is always best to consult with a car accident attorney for these types of issues. SSDI is a complex area of the law and compensation may or may not affect those benefits – dependent on the situation. Therefore, only an attorney can review your case and adequately decide how you could be affected.
SSDI payments are given to injured employees, people who are disabled, and even disabled adult children. According to the Social Security Administration (SSA), there are 65 million Americans currently receiving benefits as of March 2016.
Most of these recipients are under Social Security Disability Insurance, which is available for anyone who has worked long enough to receive the credit. Others may receive regular SSI or Social Security Income, which helps provide lower-income individuals with funds because they cannot work from disability.
Right now, the average monthly SSDI payment is $1,160, which is an extensive amount of money paid to an individual. Therefore, you may wonder if you would lose that amount if you also have compensation from a car accident case. To answer this, you must first understand how SSDI works, and how it differs from SSI.
SSDI are benefits paid out to workers who have enough credits earned over the course of their employment years. When you have a disability or condition that is expected to last 12 months continuously, and that condition prevents you from working or performing activities that offer you gainful income, then you could qualify to receive these benefits.
SSDI is not needs-based. Therefore, the benefits you receive are legitimate insurance benefits. Payments are essentially premiums that you paid over your course of working for several years, and they were deducted from your paycheck every pay period. The insurance was there so that if you became disabled, you would receive payments until you went back to work, or you achieved the retirement age, or if the SSA has deemed you no longer eligible.
If you are not working and you have no income, the SSA would not care if you received a settlement in a personal injury lawsuit. They also do not care about how much money your spouse might equally earn, because the SSDI benefits are something you are entitled to because of your disability alone – not your means. You have paid into the trust fund with each paycheck; therefore, you are right to collect ton it.
SSI or Supplement Security Income is different. SSI is not something you pay, and guarantee benefits if you become disabled. Instead, you must be disabled for 12 continuous months, and you will receive wage-based income assistance. To qualify, you must meet the same criteria of SSDI, but your income and assets must be within a specific poverty range. If you do receive a settlement in a car accident lawsuit, it could jeopardize those SSI benefits you receive monthly.
Furthermore, your spouse’s income or assets may affect your eligibility for SSI.
Accepting any type of cash settlement would end your SSI benefits. With that compensation, you would no longer meet the asset test. In fact, assets as low as $2,000 can disqualify you from receiving SSI and your car accident settlement is likely to exceed that amount.
If you are injured in a motor vehicle accident, you may wonder if you should seek disability payments before filing a lawsuit. After all, SSI pays you monthly, which means consistent income that you can rely on to pay bills and help contribute to your household.
Disability could be your only option if you suffer from a disorder or condition that happened naturally. However, when your disability occurs because of someone’s negligence in a car accident, like a traumatic brain injury or spinal cord injury, you could sue that party for their negligence and receive compensation.
Many victims are hesitant about pursuing a lawsuit. they fear that the outcome is too unknown, and there are too many factors at play that could affect their receipt of compensation. Disability insurance is more consistent, and they may feel more comfortable with that route.
Even if the SSA recognizes your disorder as a disabled, that disability insurance payment is often way under the amount you would receive in a regular car accident lawsuit. furthermore, the lawsuit covers compensation that you would not receive from SSI or SSDI, such as:
You receive SSDI or SSI for a monthly paycheck from the government, but these are not meant to compensate you for losses you incur because of the initial accident.
If you were injured in a car accident, taking the responsible party to court can provide you with more than enough compensation to not only support yourself, but cover costs that you paid out of pocket while you waited for a settlement. You could receive compensation for:
Social security is strictly for your living wage, and the living wage is often well under what you were making before your injury or what you could have made if you were not injured and continued to work.
If you are receiving SSI, and you find yourself in a personal injury lawsuit, you are at risk of losing those government benefits. This loss can be catastrophic, and the necessary expenses like hospitalizations, surgeries, and therapies are no longer covered. They eat away at the compensation from your accident, and you find yourself struggling financially to move forward.
Luckily, an attorney can help you with these types of instances. Often a special needs trust (SNT) can be used to protect you. These are specially designated trusts for disabled individuals. It allows you to access your settlement through a trust to pay for expenses. While putting the compensation in an SNT, you can remain eligible for SSI, because you no longer have a high-value asset or payout.
If you are unsure whether you should seek SSDI or compensation in a lawsuit, here are some pros and cons to consider first:
The best way to decide if SSDI or a lawsuit is right for you is to meet with an advocate. The team at Malman Law offers a free, no-obligation consultation. That means you owe us nothing to meet and discuss your options, but also you do not pay our attorneys unless we win compensation in your case.
Call us now to discuss your options at 888-625-6265 or request more information online.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim