Keith and Mary were injured in an automobile accident. As a result of his injuries, Keith was awarded Social Security DISABILITY benefits (SSDIB). Keith had enjoyed a long work history before his accident and had paid sufficient amounts in to the Social Security system to qualify for SSDIB benefits. Prior to the auto accident, Mary had not worked in over 10 years. As Mary had not paid sufficient amounts into the Social Security system, she didn’t qualify for SSDIB. However, Mary’s disabling condition allowed her to collect Supplemental Security Income (SSI) benefits from Social Security.
Keith and Mary both filed civil suits against the negligent driver who caused the motor vehicle accident. Through their attorneys, they both were in the process of negotiating settlements of their civil claims.
Question: Will monetary awards received in the civil suits affect Keith’s receipt of SSDIB benefits and Mary’s SSI benefits?
Answer: Keith’s SSDIB benefits will not be affected by a monetary award or monetary settlement in his civil case. The key factor is that Keith is receiving Social Security DISABILITY benefits. SSDIB is not effected by any money one receives (other than, income from working).
On the other hand, Mary’s receipt of payment on the personal injury civil lawsuit will either reduce the amount of monthly SSI benefits she receives or may even render her ineligible for monthly SSI benefits. The reason behind this is that the SSI does consider one’s assets or income, in addition to considering disability.
If you’ve suffered injuries as a result of someone’s negligence, a work injury, or would like to pursue a claim for Social Security benefits contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.
