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My daughter has received a PI settlement check and is on SSI. Should I consult an attorney?

Orlando, FL |

My daughter has received a check in the amount of $4500.00 and I want to make sure what needs to be done goes as smoothly as possible. I understand that this is $2500.00 over the limit she is allowed to have and still collect her SSI and Medicaid. I am going to report this money to SSI today. Is this something I can handle on my own and can she spend the excess money in this month and report when the money is gone and get her benefits reinstated for the month of June.

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Filed under: Lien Filing a lawsuit
Attorney answers 8

Best Answer
Posted

There are a number of questions that spring from your posting. Is your daughter a minor? Did Medicaid pay any of her accident related medical bills? Has the statutory Medicaid lien been satisfied? If your daughter is a minor, was this $4500 settlement approved by an appropriate court?

In any event, you should have your daughter report the receipt of these funds and I'm sure that the SSI people can advise you. I am also sure that at some point your daughter received information from SSI telling her exactly what she needs to do if she comes into some money. You should review that information from the federal government. Failure to report the receipt of funds can lead to criminal prosecution.

Legal Disclaimer:

If this information has been helpful, please indicate below.

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.

This ans. does not create an attorney/client relationship.

Posted

handle on own

Posted

I wouldn't report anything to anybody (why today???) until I sat down with an SSI attorney and learned how I might legally protect this money from the SSI.

Call me for a free consultation at 727-712-3333, or visit me at www.TampaConsumerLawyer.com

Asker

Posted

I thought as her representitive payee I had to report this when she received it. How long do I have?

Posted

The limit on SSI is for income. Personal Injury awards are not income, they are compensation damages.

You should really consult with an attorney in your area to advise you before you do anything.

Posted

Rather than report to SSI, call them up or research online what, if anything , would a personal injury settlement do to someones benefits. You don't have to be anymore specific than that. Do your homework before reporting. I honestly don't know the answer, but I am sure someone will.

Posted

Consult with an SSI attorney before doing anything.

Posted

Not unless the settlement included a lost wages component, which would be the only portion which would be income.

Posted

Just to be sure, contact a Social Security/Disability attorney.

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