If I win a settlement will my social security disability stop

Asked over 4 years ago - Mount Vernon, NY

But workers comp. Also paid bills too and that case is wants to settle. Will I owe any money back to SSD

Additional information

My lawyer is telling me, has to let Medicare know. But they didn't pay for any of the bills for the car accident but its consequencial to the workers comp case.....will I be okay. I have kids. And I'm total disabled.I had back and leg surgery. ...what should I do?

Attorney answers (2)

  1. Brian Marc Mittman


    Contributor Level 13

    Answered . You have a lot of important questions. As a basic rule, Social Security will pay you a monthly amount. There may be an offset due to workers compensation so if you settle that case the offset may still exist for a period of time. If you settle your lawsuit there should be no offset issue, unless you are receiving Supplemental Security Income (SSI) instead of Social Security Disability Insurance (SSDBI). As to Medicare the unfortunate truth is that if you settle a workers compensation case or lawsuit you MUST get preapproval of Medicare in respect to conditions related to those accidents. If you do not you could lose significant medical benefits. Definitely give your attorney a call and for more useful information check out www.markhofflaw.com.

  2. Gerald Gregory Lutkenhaus

    Contributor Level 18

    Answered . If you are on SS and WC, then your SS may already be reduced due to your receipt of SS benefits. I have done WC and SS in Virgnia for 35 years. If you are on Medicare, you are not allowed to settle your WC compensation case without approval from Medicare. If you settle your personal injury case you may face similar limitations. If your attorney does personal injury, he should know the Medicare requirements.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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