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If I sue, will that hurt my chances at getting Social Security?

On Behalf of | Mar 7, 2019 | Social Security Disability

When a resident of Northeast Wisconsin gets hurt in an accident, he will likely want or even need to pursue every available option for compensation. This is particularly true if his injuries have left him unable to return to the workforce anytime soon.

One avenue for receiving compensation is through Social Security Disability benefits. Available through the federal Social Security Administration, these benefits provide a steady monthly income for people who are legally considered disabled under the relevant federal laws.

A person might wonder if she can still receive these benefits if she also plans to sue the person responsible for her injuries. An example of such a case would be when someone gets injured in a car accident caused by a negligent driver and suffers debilitating injuries that effectively remove her from the workforce.

The answer to this question is a qualified “yes”. Social Security disability payments are actually available through two programs, commonly referred to as SSDI and SSI. SSDI benefits are based solely on a person’s work history, that is, on how much he has put into the system. As such, there are no income or asset requirements, so there is no limit on the size of his lawsuit or settlement.

With respect to SSI, on the other hand, someone who is likely to come into significant money through a personal injury claim may not be eligible, as her income may exceed the property and income threshold even if she is considered disabled.

But the bottom line is that Social Security disability payments are available in conjunction with proceeds for a personal injury claim. Our Northeast Wisconsin Social Security Disability attorneys can also assist clients with personal injury lawsuits.

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