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accident involving three cars

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.

How Many People Receive SSDI in Chicago and the U.S. as a Whole?

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.

How SSDI Benefits Work

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.

How General SSI Benefits Work

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.

Should You Sue or Just Seek Disability?

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:

  • Lost wages
  • Medical expenses
  • Pain and suffering
  • Mental anguish
  • Loss of companionship
  • Quality of life changes

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:

  • Lost wages and future earnings
  • Medical costs paid and future medical costs
  • Nursing home or skilled nursing care
  • Pain and suffering

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.

What if You are Already Receiving SSI?

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.

Assessing the Pros and Cons

If you are unsure whether you should seek SSDI or compensation in a lawsuit, here are some pros and cons to consider first:

  • Pro: You are more likely to receive a higher compensation value in a lawsuit than SSDI. Look at the average SSDI monthly payment. Then, consider how much your case is worth. An attorney can review your case and estimate what you would receive, then calculate it monthly. For serious injuries and permanent disability after an accident, you receive compensation for the wages you would have earned. You also receive pain and suffering damages, which compensate for mental anguish, physical pain, and emotional suffering. In most cases, you will find the monthly support higher in a lawsuit than filing for insurance benefits.
  • Pro: You are protected long term with a lawsuit. SSDI benefits could be revoked at any time. The moment the SSA feels you no longer qualify, you lose your benefits. Therefore, you could only receive a few months of SSDI and have no income. If you are still suffering from injuries, you could be unable to work, have difficulty finding employment, and be without the compensation you need.
  • Con: Lawsuits take longer and could be drawn out in court. If you apply for SSDI benefits, it will take a few months, but you can receive the payment and back pay once you are approved. A lawsuit can take a few months to a few years depending on the court’s current caseload, the defendant, and the evidence. While it does take time, you will receive compensation for that time you wait, including compensation for medical costs and lost wages you incur while waiting. Therefore, your wait is paid eventually.

Injured and Now Disabled from a Car Accident? Meet with an Advocate

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 888-305-5043 or request more information online.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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