Can I still get Social Security if I file suit? | Rosenthal, Levy, Simon & Sosa

Can I still get Social Security if I file suit?

There are actually multiple ways to get compensation after a serious motor vehicle accident. If the accident was work-related, then workers’ compensation may pay for some or even most of the victim’s injuries.

As this blog has discussed on many occasions, the victim of a West Palm Beach car accident can also sue the other driver involved if that driver caused or contributed to the accident. A lawsuit can help a victim recover expenses, including non-economic losses, that workers’ compensation might not provide.

While some Floridians might not think to ask for it, Social Security disability benefits may also be available to the victim of an accident. There would be some limitations to this in that one type of disability, called SSI, is not available to someone who has a steady income or lots of assets.

However, a victim may be able to qualify for SSDI payments without regard to the amount of money they make or what they recover in a lawsuit. This is because, unlike SSI, one need not be of limited means in order to get monthly payments.

Rather, one will need to be able to show a sufficient work history at jobs in which they paid in to the Social Security system, as the idea of SSDI is to allow a disabled person an early withdrawal of what they otherwise would have collected at retirement. Of course, an applicant must also prove he or he is indeed disabled.

Social Security is just one more piece in an accident victim’s overall plan that they can put together after their loss so that they may maintain their standard of living while they focus on healing and recovery.

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