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I have SSD since 2003 I was injured in a car accident and will get a modest personal injury settlement. What happens??

Falls Church, VA |

I am 64 and on social security disability since 2003. I sustained bodily injuries when a car ran into our car a couple of months ago and am being treated. I have been under treatment for several months. The other drivers insurance company is trying to determine who has responsibility because the driver who struck us was driving a rental car, not his own covered vehicle. Both companies sent me letters asking for my ss#, if I was on medicare, etc and saying that they must have this information. They have not accepted responsibility as of yet so why are they asking for my information. If the are responsible and I receive a personal injury settlement what happens to my SSD check?

Attorney Answers 4


  1. Best answer

    A personal injury settlement does not affect SSD. However, people on SSD are usually on Midcare, too. If Medicare paid for some or all of your medical expenses, they are entitled to be paid back from the proceeds of the settlement. You need to have a lawyer to help you navigate these issues, as well as to get a fair recovery for your injuries.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  2. I agree with my Mr. Brophy. A personal injury claim does not affect your receipt of Social Security Disability benefits. However, if Medicare has paid your medical expenses for this injury you probably have to reimburse Medicare out of the proceeds of any settlement.

    This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.


  3. The other answers you got are very good. Let me stress to you that you need a lawyer. First you have insurance companies fighting over who is responsible. If it has been a couple of months, most likely no one will accept liability unless a lawyer challenges them. Also, when it comes to medicare, you are dealing with the Federal Government and they are getting very aggressive when it comes to reimbursement.

    Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area of law regarding your question. The information provided is for informational purposes only and is not legal advice.


  4. You really should contact a lawyer. It is important that you receive full and fair compensation. I agree that you may have to pay back Medicare if it is responsible for paying your medical bills but usually Medicare reimbursements are not for the full amount of the bill. You should also talk to a lawyer regarding the possible consequences of receiving additional income in the form of a settlement and what, if any, impact that may have on your SSD.

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