You may have accidentally gotten yourself involved in a catastrophic personal injury accident. Unfortunately, after reliving the event in your mind, you may own up to the fact that you were partially or mainly to blame for its occurrence. Because of your self-appointed fault in the matter, you may believe as though you do not deserve the financial relief afforded by Social Security Disability Insurance (SSDI) benefits. Well, for this, please continue reading to learn whether you can collect SSDI benefits even when being held liable for a personal injury accident event, and how an experienced New Jersey SSDI attorney at The Law Offices of Sheryl Gandel Mazur can help you juggle both claim types.
Can I collect SSDI benefits if I am liable for my personal injury accident?
Simply put, the Social Security Administration (SSA) operates under a no-fault program. This means that how you became injured or disabled, whether it be due to your partial or major fault in a personal injury accident event, should not and must not affect your eligibility. Rather, when looking at your application, the SSA may focus its concerns on whether your diagnosed injury or disability falls under its Blue Book, or otherwise, its Listing of Impairments. Then, whether your injury or disability is significant enough that it blocks you from substantial gainful activity (SGA) for 12 months or longer. Lastly, if you have paid enough into the Social Security system throughout your previous employment.
Will my personal injury settlement affect my SSDI benefits payments?
To reiterate, your eligibility for SSDI benefits is not contingent on your level of fault in your personal injury accident event. But also, it should not be impacted in any way if you simultaneously wish to pursue a personal injury claim against the other contributing party. If you ultimately receive a settlement offer from the other party, you may be hesitant to accept it with your SSDI benefits payments put in the equation. This may even be your concern if this is a low-ball offer, given the acknowledgement of your partial fault in the accident event.
However, once again, your SSDI benefits should not be minimized or revoked at all. In short, this is because SSDI benefits are not provided based on needs. Instead, they are granted based on the other eligibility requirements explained above. In other words, since this is not a need-based program, a positive change in your current financial situation may have little to no effect. Importantly, though, the same cannot be said if you are actively enrolled in the Social Security Insurance (SSI) benefits program.
If you need help with executing this, do not be afraid to reach out to a skilled New Jersey SSDI attorney. Our team at The Law Offices of Sheryl Gandel Mazur is more than capable and eager to assist you in your upcoming legal proceedings.
