Would money from a personal injury lawsuit annuity be considered income when applying for medical assistance?

Asked over 1 year ago - Wilkes Barre, PA

i receive money from a personal injury annuity and was wondering if it was considered income towards medical assistance because if it is considers income ( even tho its not taxed by the government ) then i don't qualify

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Typically, yes, but depends on the amount.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . With a few exceptions this money would count as income against medical assistance. You may want to speak to an attorney who handles government benefits eligibility, you can find one on AVVO.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    7

    Lawyers agree

    Answered . It may be -- make ure you ask the entity from which you are seeking benefits. If, for example,you are seeking Medicaid, I can guarantee you that a personal injury settlement is something that will be considered on the dolalrs you are eligible to receive.

    Good luck to you -- whatever you do, don't dance around the truth on this stuff as it may jeopardize potential assistance.

    Dan

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . There are programs which are need based, such as SSI and medicaid. I think monthly income of 2k for an individual will make you ineligible. You can check with the program for the eligibility reqts. Income from a settlement annuity will be counted against you.
    Befre we settle cases, we check to see what programs the client is on or likely will need. Then the settlement can be structured in a way to preserve eligibility. Primarily this was done with special needs trusts or a pooled spec needs trust. I would suggest you talk to a malpractice atty to see if the atty who represented you may have been negligent. You may want to talk with an elder law atty or otherbenefits atty to see if there is anything you can do at this point. You may end up just having to wait until the new "Obamacare" programs come out. Then you can buy ins even with your preexisting condition. Some states even now have special ins programs for people with preexisting conditions and who dont qualify for medicaid. You should check with PA. Good luck.

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