QUESTION

If I'm 63 and collecting Social Security Monthly Retirement Benefits and a personal injury settlement is awarded to me, will that count as income?

Asked on Apr 30th, 2013 on Personal Injury - Michigan
More details to this question:
N/A
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8 ANSWERS

Michael Eric Wasserman
I do not think it applies as income but it may have other ramifications.
Answered on May 01st, 2013 at 12:16 AM

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Insurance Attorney serving Seattle, WA at Lawrence Kahn Law Group
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This is a good question. Generally, personal injury settlements are considered by the IRS not as income but as a return on capital. You need to consult an attorney to discuss the social security matter as one size does not fit all.
Answered on Apr 30th, 2013 at 11:57 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Dunno, but personal injury settlements are not considered taxable by the IRS.
Answered on Apr 30th, 2013 at 11:41 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Not sure your question but personal injury settlements are not considered taxable as income unless they include wages as part of the settlement.
Answered on Apr 30th, 2013 at 9:30 PM

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Healthcare Law Attorney serving Sacramento, CA at Beach | Cowdrey | Owen, LLP
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It depends on which type of Social Security disability benefits you are receiving. If you are on SSD (also known as SSDI) benefits then any personal injury settlement will not impact your SSD benefits. If you are on SSI (Supplemental Security Income) disability benefits then any settlement you receive will be counted as income to you in the month received and as a resource in subsequent months until spent down per Social Security rules. To avoid this, the funds would need to go from the other party to your attorney or a trust attorney who then puts the funds into a Special Needs Trust - the rules for these trusts are tricky and Social Security has very specific rules about how they are set up and administered - so if you need one of these be sure to consult with an attorney who has experience with them so that it is done correctly. A special needs trust also may help avoid some of the Mediare issues identified by my colleagues - again consult with an attorney experienced in these matters.
Answered on Apr 30th, 2013 at 9:12 PM

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Ronald A. Steinberg
No, it is the reimbursement of a loss.
Answered on Apr 30th, 2013 at 8:02 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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No, it is not income. (For once, an easy, sensible question that I can answer without equivocation. Thank you).
Answered on Apr 30th, 2013 at 8:01 PM

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John Hone
No, but you may have a lien for medicare for medical treatment that you have received.
Answered on Apr 30th, 2013 at 1:48 PM

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