7 replies to this topic

[ketsenburg_3]

Im getting a little settlement from my accident, and I don't know how to get it without it affecting my disability benefits? My lawyer said it can't go in someone elses name and he said he also doesn't think a medical trust fund would help any either. so what should I do? I don't want to blow all the money, I would like to save it for ongoing medical bills. Does anyone have any suggestions?

[Tetracyclone]

Talk to the nearest SSI office and maybe gert a new lawyer? This is his job, but you know that....

[hooplady]

You may be able to benefit from what is called a Special Needs Trust. If you decide to pursue it and your lawyer is not familiar with this then find one who is. Otherwise, I believe you can exclude this type of settlement from your income for awhile but not forever.

Here's a link with info regarding Missouri trusts. I have no idea if this site is legit or merely a come-on for legal services, but at least it's a place to start. Good luck!

http://www.midwestsp...needstrust.org/

[E-DOG]

hooplady, on Nov 30 2009, 12:54 PM, said:

You may be able to benefit from what is called a Special Needs Trust. If you decide to pursue it and your lawyer is not familiar with this then find one who is. Otherwise, I believe you can exclude this type of settlement from your income for awhile but not forever.

Here's a link with info regarding Missouri trusts. I have no idea if this site is legit or merely a come-on for legal services, but at least it's a place to start. Good luck!

http://www.midwestsp...needstrust.org/

This could be correct.
I've heard somewhere that court settlements don't count against SSDI?

That or immediately get it out of your account and say you used it to pay back an old loan.

Your lawyer sounds kinda iffy to me.

[araitn]

Depends on what type of disability benefits you are receiving:

Social Security Disability Insurance (SSDI) - pays benefits if you worked long enough and paid SS taxes. A lawsuit settlement will not be counted against you in determining your SSDI benefits.

Supplemental Security Income (SSI) - pays benefits to disabled adults and children who have limited income and resources. A laswuit settlement will be counted against you in determining your SSI benefits. Like hooplady mentioned above, I believe there are a few ways to get around this, mainly with trusts and estates.

I'm just offering you information that I believe to be correct and I'm not a lawyer. Don't rely on me, get you a good lawyer if your current lawyer is not knowledgeable in this area, which appears to be the case.

[ketsenburg_3]

Thanks for the input, im going to have to hire a different lawyer to look into the special needs trust. Thanks for the information.

[SSADisabilityHelp]

Be aware:

"A properly drafted Supplemental Needs Trust should reference the Social Security Operations Manual and the relevant portions from within the Manual that authorize the creation of the Trust. It must contain the required language regarding payback to Medicaid.
The Trust should also have language explaining the exception to the Omnibus Budget and Reconciliation Act (OBRA-93) provisions which authorize the creation of the Trust, and a copy of the relevant provisions from the United States Code (USC)."

That's from: http://www.nsnn.com/frequently.htm

More information on SSDI income limits:

http://socialsecuritydisabilityus.com

[Ches]

SSDI wont hold settlement against you

You can get around SSI with a special needs trust

But unfortunately medicaid/medicare will make you pay them back. Medicaid will make two offers A) Pay back in full, plus a set-aside for fututre medical bills in order to keep coverage or pay back what they paid on your bills (way cheaper than A) and drop your coverage.