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  1. #1
    newsposter is offline Junior Member
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    must i pay back soc. sec. disability with my personal injury award?

    What is the name of your state? PA

    Been getting SS disability for 5 years. The amount of my personal injury award likely will be less than the amount of SS I have received. My lawyer says he needs to notify SS and negotiate with them and they get part of my award. I think this is BS. The award is for pain and suffering and i dont think that's the reason SS is giving me money right? He said the reason why he needs to negotiate is because otherwise people would never settle their personal injury cases because they wouldn't get anything and SS would take the whole thing. (he'd never get his fee either)

    so i feel he's not exactly telling me the 100% truth. It seems wrong that they can take away the lump sum I've 'earned.' I've searched the SSA site and found NO mention of recovering personal injury payments, but tons of stuff on workers comp etc. certainly i'm not the only one in the world that has this situation.

    Also when i called the toll free SSA number, they said i don't have to pay them back. so i asked for that in writing. doubt i'll ever receive it though.
  2. #2
    BL
    BL is offline Senior Member
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    If you receive both SSDI & SSI , the SSI amount is considered ,and any income will be used against that Portion .

    I think your Lawyer ( as in most cases like yours ) , is on the right track .

    Let him settle for a Fair amount . Even though you want the Max , the case will hang as long as the other side can drag it out . You're Lawyer would get his fees out of the settlement .
  3. #3
    newsposter is offline Junior Member
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    the only govt money ever received has been SS disability.
  4. #4
    newsposter is offline Junior Member
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    I finally got an answer. My lawyer finally decided to get up off his ass and do research. Turns out we do NOT own social security a dime. I then went to another atty who confirmed this for me

    Our guy is a real knucklehead. He should have known or researched all these years but only did so after I threatened just to walk away and not settle.
  5. #5
    reyn562 is offline Member
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    Thumbs up Do you have to pay back Social Security? NO

    If you are receiving supplemental security income benefits (SSI) and SSDI benefits, here is what happens:

    Any money that you received from either benefit is still yours, even if it represents back pay. Your personal injury settlement and your Social Security benefits are two separate issues.

    Your SSI benefits will be affected, however. There are two ways this could happen: they can apply the assets rule and they can apply the unearned income rule: generally if your unearned income exceeds the amount of SSI benefits, you lose it. Furthermore, if you do receive one lump sum settlement, which exceeds $2000, your SSI benefits are gone until such assets are depleted, whereby you can request that your benefits be restored. Your SSDI benefits remain untouched.

    The general rule of paying back SSI applies only if they overpaid you, not another company gave you money, regardless of whether you should have been awarded that settlement money any earlier than when you did get it.
  6. #6
    BL
    BL is offline Senior Member
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    Contact your SSA local Office .

    I've seen a recipient able to Keep $3,000.00 Through a Waiver , if spent within a certain period of time without Effecting their SSI payments .
    Last edited by BL; 09-08-2005 at 07:47 AM.
  7. #7
    tommy 522 Guest
    Your missing the point he stated May14-2005 he only recieved social security disibility not SSI ! He has a bone head attorney!! That may have been tring to scam him of some money!!! It happens everyday! GOOD LUCK you need it on ssd payments!
  8. #8
    reyn562 is offline Member
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    Scam money for SSI/SSDI Claims?

    Social Security Adm. has strict rules by which an attorney or non-attorney can collect their fees from a claim: the SSA may pay the less of 25% of the retroactive pay to which the claimant is entitled, or $5,300, plus out-of-pocket expenses incurred such as fees for copies of records, or fees paid up front for diagnostic testing.

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