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Phone: 864-582-0416
Holland & Usry, P.A.

Will my accident injury settlement affect my Social Security Disability benefits?

It depends. Folks who receive Social Security Disability need those monthly benefits—it might be the only income you can get due to a disabling health condition or prior injury. The law doesn’t discourage Social Security Disability recipients from seeking justice, but you’ve got to protect your rights—or your settlement could create a financial strain you can’t afford.

Here’s How a Settlement Could Affect Your Social Security Disability Benefits

If you’re hurt on the job, monthly Social Security benefits can be reduced by your workers’ compensation settlement, even if you don’t get Social Security until after your workers’ compensation case is over. But there’s good news! An experienced workers’ compensation attorney will know how to minimize that reduction with an important legal maneuver. The resulting money put back in your pocket makes the workers’ compensation case well worth pursuing.

Any other accident settlement may impact you, depending on the type of benefits you're getting.

  • If you receive Social Security Disability Insurance (SSDI), the settlement has NO effect on your benefits. Whether it’s a car or motorcycle accident, an 18-wheeler or commercial truck crash, a slip or trip and fall, medical malpractice, or any other type of injury, your settlement won’t reduce your benefits at all.
  • If you receive Supplemental Security Income (SSI), your benefits could be impacted. You must report the settlement to Social Security. You'll need to take that into consideration and get professional legal advice on the best way to minimize the effect.

One important thing to remember if you’re on disability—don’t forget Medicare or Medicaid, because they won’t forget you. You’ve got a looming disaster hanging over your case if you don’t properly protect Medicare or Medicaid’s rights. And if you’re on Medicare, your case may require a complicated negotiation with Medicare about future medical treatment related to your injury, called a Medicare Set-Aside.

The takeaway here is, Social Security Disability recipients are just as worthy of compensation for your medical bills and injuries as anyone else, but your case has an extra wrinkle for those disability benefits.

If You’re Seriously Hurt, Don’t Risk It Going Alone

Though you have the right to pursue your case, you’ve still got to make sure you do it right—and be certain you protect your Social Security Disability rights at the same time. Here are the best reasons to hire an injury attorney or car accident attorney.

If you’re on Social Security Disability and get seriously hurt, your case has a lot of moving parts. Get started now on free advice from a professional who’s experienced at solving problems like yours. It will only cost you a little time to get your questions answered—call us toll-free at 888-230-1841 or fill out a Get Help Now form for a free strategy session about your case.

For more information on your case, be sure to download our FREE BOOK on crash cases and FREE BOOK on workers' comp cases, which we provide as a service to folks like you.

You can also scout us out with real client reviews on an attorney review service we don’t own.

 

Rob Usry
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Rob is a Spartanburg personal injury lawyer. Rob also practices as a criminal defense attorney.