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?.
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.
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