My husband receives Social Security Disability and recently won a lawsuit for Personal Injury in a Product Liability Case. Is this amount reportable to Social Security and will we lose his benefits? What if we Settle?
He is only 37 and is on SSDI not SSI. We also receive SSDI benefits for our 2 children. I just want to make sure that we will not lose his income if we settle. Is there a specific wording that needs to be used or does it matter since it is not earned income? I appreciate the help. Thanks
He is on medicare but only Part A (Hospitalization). We do not pay for Part B. He became disabled after a work accident which led to the product liability lawsuit for personal injury. The Work Comp case has not been settled and medicare has not paid any of his medical bills. Work Comp has a lien on the lawsuit.
Personal Injury Lawyer
As long as your husband received SSDI, the he will have no worries. SSDI is not income based, SSI is. Thus, any assets he has do not affect his benefits. Secondly, any personal injury settlement is tax free and not considered income. You will not receive any W-2’s or 1099’s.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
SSDI is not income sensitive to the best of my knowledge. I assume that since this was originally a workers compensation claim, provisions have been made for a medical set aside concerning any bills which may be payable by Medicare. You should discuss the possibility of a Medicare lien claim with your attorney. Hopefully the lien claim has already been resolved with the workers compensation claim, however, it does not hurt to discuss the issue with your attorney.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Social Security Lawyers
There is not obligataion to report the cash payment - it is separate from any Social Security benefits. There may be some Medicare obligations, though - either through the workers' compensation part of the claim or, depending on the language of the settlement, for the personal injury medical bill payment part of the claim for "future expenses." You personal injury attorney should be familiar with this and should have protected you as much as possible at the time of settlement.
The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.