QUESTION
Will my worker's comp settlement be lowered if I'm on public aid?
Asked on Jul 27th, 2012 on Personal Injury - Georgia
More details to this question:
I recently settled a workers comp lawsuit and i have been receiving food stamps & medical for my family. i have never used my medical card & since the lawsuit was settled i have not used the food stamps. Now its time to recertify. Will they take some or all of my settlement money?
19 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No.
Answered on May 28th, 2013 at 11:56 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They will not take your settlement money. However, if you were supposed to report the settlement, and if the settlement would have disqualified you for benefits, they may ask you to pay back benefits.
Answered on Aug 21st, 2012 at 11:56 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Not unless they filed and asserted a lien.
Answered on Aug 19th, 2012 at 4:55 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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I cannot answer your question as it involves areas of law beyond which I practice. Your question really involves eligibility for state benefits. I would suggest re-asking your question in a different Law Area other than Accident, Injury or Employment. You might also talk to your workers' compensation attorney, if you have one, as the amount of your settlement may make a difference. Another option would be talking to your case worker, if you have one, about the effect, if any, of your settlement.
Answered on Aug 18th, 2012 at 2:03 PM
Charles Robert Cleveland Jr.
In some instances public aid will file a lien in your workers compensation case. People who have received victims restitution and and other types of aid from other government agencies may be subject to a lien however this does not lower your workers compensation payments in California. That lien will have to be settled when the case in chief is ready for settlement. However no lien is filed there can be no lien against your compensation. I recommend you hire an attorney who is experienced with complicated workers compensation cases in your area.
Answered on Aug 18th, 2012 at 1:34 PM
Workers Compensation Attorney serving Bedford, TX
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Durkin & Graham, P.C.
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In Texas you can't "settle" work comp unless it was an injury 1989 or before. If you received work comp benefits they are not taxable, do not get reported to the IRS or Social Security, etc.. If you received a settlement of a personal injury lawsuit then to the extent that you are on Medicare/Medicaid, some of that money may have to paid or set aside for future medical. This is something that you MUST talk to your attorney about.
Answered on Aug 18th, 2012 at 6:46 AM
Probably not unless you are on social security disability and there would then be a set off.
Answered on Aug 18th, 2012 at 6:13 AM
I'm thinking you mean to ask if your public assistance will be lowered as a result of your workers' compensation settlement; not vice versa. And I would say it depends on the type of public assistance you're receiving as well as how the settlement documents were written and approved.
Answered on Aug 17th, 2012 at 10:42 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Your mother's workers compensation is hers you have nothing to do with it and that should not lower any award.
Answered on Aug 17th, 2012 at 9:40 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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The comp settlement will not effect public aid to the family.
Answered on Aug 17th, 2012 at 9:26 PM
I don't know. If you have the option of consulting with a disability lawyer, they may have a better idea. I'm sure that your income level will play a part in determining whether to give you public aid but I do not know the specifics of how food stamps are awarded.
Answered on Aug 17th, 2012 at 9:21 PM
Dennis P. Mikko
They will not take your worker's comp settlement unless it is to repay benefits wrongfully paid. Your settlement may affect the amount of any future benefits you might be eligible for.
Answered on Aug 17th, 2012 at 9:20 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Medicaid is entitled to be reimbursed from the settlement, less the attorney fee.
Answered on Aug 17th, 2012 at 9:19 PM
Workers' Compensation Attorney serving Seattle, WA
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The Grady B. Martin Law Office
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From the limited details you provide, it is unlikely that you settlement will be reduced due to your receiving food stamps and medical. Other types of benefits such as unemployment and social security could have an impact on your workers' comp benefits. It's unclear how and why you decided to settle your workers' comp claim. Hopefully you consulted with an attorney before accepting the settlement. Good luck to you.
Answered on Aug 17th, 2012 at 8:35 PM
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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The agencies providing benefits do not have the power to 'take' anything. That said, DPSS and Housing Authority and Medi-cal DO have the authority to CUT BENEFITS to a person who has money. Public aid is for people with no money; if you accurately report you received settlement money, agencies will stop paying you. If you fail to report to those agencies and later you are 'caught' getting benefits based on zero income when you had settlement 'income', you can be charged with crimes and tossed in jail. Instead of asking on an attorney website, your questions need to be posed to the agencies pay you benefits based on zero income and savings.
Answered on Aug 17th, 2012 at 8:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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They can't be reimbursed for money they didn't pay out. So, if you did not use the medical benefits or food stamps, there is nothing to reimburse them for.
Answered on Aug 17th, 2012 at 8:28 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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They probably will deny you benefits until you "spend down" the money below the maximum cash you can have.. The money should be spent on exempt assets like a house, a reliable car, or a special needs trust.
Answered on Aug 17th, 2012 at 8:22 PM
Your question should be redirected to some one that answers WORKERS' COMP questions. I answer EMPLOYMENT questions. Your public assistance may be impacted by your WC income.
Answered on Aug 17th, 2012 at 1:49 PM
Slander and Defamation Attorney serving Tucker, GA
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Law Offices of David W. Hibbert
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Not exactly, your Workers Compensation settlement can reduce your "public aid" insofar as you may have the additional income figured into the calculations governing your public aid. Be sure your attorney has included the "*Hartman*" case language in the Workers Compensation settlement which will allow the settlement funds to be pro rated over you expected lifespan.
Answered on Aug 17th, 2012 at 1:42 PM