SSDI, or Social Security Disability Insurance, is a program that provides monthly benefits to those who are disabled and meet specific criteria. If you are someone who receives these benefits, then you know how vital they are to your daily life. So, what happens when someone else’s negligence injures you further? As a personal injury lawyer can share, a personal injury and SSDI claim are handled by two separate systems, although they can arise from the same incident.
Personal Injury Versus SSDI
These two topics both go together and are entirely separate. Our friends from Cohen & Cohen are here to explain further:
Personal injury is handled in civil court, while SSDI is dealt with on a federal level. SSDI is for monthly financial support for a long-term disability, while personal injury seeks compensation for medical bills, lost wages, etc. These types of claims can be pursued simultaneously without conflicting with one another.
Let’s use a car accident as an example. You are involved in a wreck and suffer more minor injuries, such as whiplash, along with a permanent injury that requires long-term medical care, such as a broken spine. The initial injuries and costs of the accident can fall under a personal injury case. SSDI can handle the long-term injury to your spine, as you will no longer be able to work with a broken back. This shows how the two types of law can work together for you.
While these two cases do not conflict, they can affect each other. A personal injury case can help with your SSDI case because it provides medical records and information from doctors. If you win a personal injury settlement, this does not disqualify you from SSDI, and pain and suffering from a personal injury case does not count as income. While SSDI benefits aren’t typically reduced in a personal injury settlement, Medicare eligibility might be affected, so it is best to work with an attorney who can guide you through the legal maze towards the best compensation for your case.
How To Manage Both Claims
Suppose you are injured due to someone else’s negligence and find yourself facing a complex case involving both personal injury and SSDI. In that case, it is best to contact an attorney immediately. Start by searching for lawyers who can help with both sides of your injury. Next, coordinate your medical evidence to avoid contradictions and use it successfully. Be sure to disclose your SSDI application to your injury attorney and vice versa so they know what is happening to best guide you. Also, plan settlements carefully if Medicare is involved to protect your coverage. Finally, work with your attorneys to understand implications on health insurance, eligibility, and future tax issues.
Remember, you can successfully pursue both of these cases. One does not automatically exclude the other. However, these cases involve much work, so it is best to contact a lawyer for representation as soon as possible. Contact an attorney near you to get started on the details of your specific case.
