QUESTION

i'm a quadriplegic as of 24 yrs ago & about to receive a settlement [car accident] but i'm afraid i'd lose my medicare/medicaid, ssdi & rent benefits

Asked on Feb 04th, 2014 on Medicare and Medicaid - New Jersey
More details to this question:
I live in apt complex for the disabled in NJ. In 2011 I was hit by a bus while inside my parked car in NYC. Suffered nerve damage to my arm, it was hit by bus' fender. My lawyer negotiated a settlement which would pocket me about $180k after his fees. Initially, another lawyer I know, told me that I won't even need to disclose any of this because it's my tax-free compensation for pain/suffering & any future potential med treatment for these injuries. Just found out that's wrong, I've received Medicare/Medicaid disclosure forms from my lawyer to sign. I can't afford to lose Medicare benefits, my SSDI income or my 'Section 8' rent assistance. I'd be destitute in 10 yrs or less paying for all this out of the settlement sum. Medicaid pays 20% of what Medicare won't cover so I can deal with losing Medicaid. I now think I might be better off settling for a much lower sum, maybe 50k or less to not lose all other benefits. Am I in danger of losing such if I accept the full 180k?.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Before you do anything further - talk to a lawyer about creating a Special Needs Trust for you to protect this money from Medicaid.  It should be done BEFORE you accept the settlement.  If your personal injury lawyer does not know anything about this, have the lawyer call a certified elder law attorney to find out what needs to be done.  
Answered on Feb 05th, 2014 at 4:56 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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