• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

SSI/class action lawsuit

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

clogue90

Junior Member
What is the name of your state (only U.S. law)? Alabama

I am getting SSI and I am involved with a class action lawsuit. How will this effect my SSI if i get a settlement?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Alabama

I am getting SSI and I am involved with a class action lawsuit. How will this effect my SSI if i get a settlement?
It depends on how big your settlement ends up being.
 

BL

Senior Member
Yes, and you generally have to spend down within 30 days .

What amount and when ?

What do you plan on spending it for ?
 

Onderzoek

Member
You will be overpaid the month of receipt and will have to pay back the SSI for that month. You will be ineligible for SSI for any month after that if your countable resources exceed $2000. If you decide to give it away to your family, SSI will probably decide you did so in order to keep SSI and will penalize you with non-payment for one to 36 months.

If you are over the resource limit or otherwise ineligible for over 12 months, you will have to reapply and be found disabled again.
 

BL

Senior Member
You will be overpaid the month of receipt and will have to pay back the SSI for that month. You will be ineligible for SSI for any month after that if your countable resources exceed $2000. If you decide to give it away to your family, SSI will probably decide you did so in order to keep SSI and will penalize you with non-payment for one to 36 months.

If you are over the resource limit or otherwise ineligible for over 12 months, you will have to reapply and be found disabled again.
Depends.

A waiver could be requested depending on the amount.
 

Onderzoek

Member
Depends.

A waiver could be requested depending on the amount.
True, but there are two parts to an approval of a waiver; one is being without fault and prompt reporting is helpful to establish that. But also if you knew or should have known that receipt of a settlement would cause ineligibility, then fault can be harder to establish.

The second part is ability to repay. If you have the funds from the settlement, you have the ability to repay, even if you are without fault.

There is also an administrative waiver if the dollar amounts are low enough.

The original poster should do what they want to do with their money, but since SSI is needs based, SSI will most likely stop. $10,000 is a nice chunk of money but it is hard to live on a long time and pay medical bills. $100,000 is a nicer amount, but without other income or assets, it is not enough to generate an income sufficient to live on the rest of your live. $1,000,000 could be invested in a way that would provide a decent annual income, but if it is just spent, like so many lottery winners do, it will fritter away and be gone in a very short period of time.

How much money? Are you going to invest it is something safe or go on a spending spree and give away fistfuls to everyone with a hand out? Saving it would keep you off of SSI but then you would still have the money with no SSI Big Brother looking over your shoulder. Also means you are on your own in terms of being supported.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top