An injury settlement may affect your Social Security disability benefits depending on the type of benefits you are received. If you are receiving Social Security Disability Benefits under Title II of the Social Security Act (SSDI), as opposed to Supplemental Security Income benefits (SSI), your injury settlement should not affect your SSDI benefits. SSDI benefits are based on what you have paid into the system; they are not dependent on your resources or assets. However, if you are receiving either Medicare or Medicaid, the settlement could have an effect on your entitlement to these benefits especially as it relates to these programs paying for treatment you need for your work-related injury. I cannot answer whether your injury settlement will affect your long term disability benefits. Whether the settlement would have an effect would depend on with the long term disability policy says about injury settlements. Under some policies, it may not have any effect while in others you may lose your long term disability benefits. I would suggest talking to an attorney about whether your settlement will affect any of the benefits you are currently receiving. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Aug 19th, 2012 at 10:25 PM