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Wrongful death & ssdi benefits

Chino Hills, CA |

I recieve ssdi, and live in ca. I'm going to receive a small settlement in my husbands wrongful death case. I heard that if you are on ssdi, for mental reasons it shouldn't stop my benefits, when I recieve this suit. Is this true?

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Attorney answers 1


This is a difficult question, and your situation must be handled with care or you might risk losing elligibility for your SSDI benefits. In all liklihood, you will be rquired to place your wrongful death proceeds into a "Special Needs Trust" to maintain elligibility for your SSDI benefits. I am not a lawyer with expertise in this area, so you should try and locate an estate planning lawyer in your area and ask if they know about "Special Needs Trusts." Nothing herein constitutes the formation of an attorney/client relationship.

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