Most unfortunately, you may have recently been made the victim of a catastrophic personal injury accident. So much so that you may have applied for and been granted Social Security Disability Insurance (SSDI) benefits. Since you receive these monthly payments, you may wonder whether it is worth your time and energy to take legal action against the negligent party, especially if you are so preoccupied with your pain and suffering. But the other side of the argument is that you should hold this party accountable for causing you this pain and suffering in the first place. Well, with much to consider, please read on to discover whether you can or should pursue a personal injury claim if you already collect SSDI benefits and how a seasoned New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help you decide.
Can I pursue a personal injury claim if I already collect SSDI benefits?
The short answer is yes, you may be qualified to become a plaintiff in a personal injury claim even if you are already a recipient of SSDI benefits. This is because one should not affect the other. That is, your SSDI benefits eligibility is primarily based on your work history and your disability status. In other words, it does not consider your current income stream. So, the financial compensation you receive in a settlement amount or final judgment order should not cause your SSDI benefits to be revoked.
However, the same cannot be said if you receive Social Security Insurance (SSI) benefits or workers’ compensation benefits. With the former, this financial compensation may bump up your financial resources above the established SSI asset limit. With the latter, this may prompt your workers’ compensation insurance carrier to seek reimbursement via subrogation.
What should I consider before filing a personal injury claim?
You may still be back and forth with deciding on whether to follow through with a personal injury claim and understandably so. On the one hand, your accident and subsequent disability might have caused you to lose wages from your current job position. But if this is your primary or only loss, your monthly SSDI benefits payments may do a fine job at replacing this income stream in the meantime. Or, you may be collecting SSI benefits or workers’ compensation benefits simultaneously with your SSDI benefits. As previously mentioned, a settlement or final judgment on a civil case may alter or seize your eligibility for these benefits programs.
On the other hand, though, it is likely that you incurred more damages than simply lost wages after your personal injury accident event. So, your SSDI benefits may only stretch so far and cover so much of these other losses. Namely, you might have incurred hefty medical bills and personal property damage. Your lost wages may actually turn out to be a diminished earning capacity indefinitely. This is not to mention your non-economic damages, like your pain and suffering, lost enjoyment of life, and much more.
In conclusion, if you are ready to take legal action whilst receiving SSDI benefits, please first retain the services of a competent New Jersey SSDI benefits lawyer. Our team at The Law Offices of Sheryl Gandel Mazur is ready and able to take on your case.
