Social Security Disability Facts Forum

SSDI and SSI Disability Application Process => Appeals Council and Federal Court Appeals => Topic started by: forumposter100 on November 23, 2020, 01:28:32 pm

Title: SSDI and having a car accident claim
Post by: forumposter100 on November 23, 2020, 01:28:32 pm
Does anyone know if you are on SSDI and were to be in an accident like a car accident and had injuries that you needed medical for,  what happens?  If there would be a lawsuite does SSA take or offset to your settlement
Title: Re: SSDI and having a car accident claim
Post by: BRBB on November 23, 2020, 01:54:17 pm
Question #1: the same thing that happens if you are not on ssdi.

Question #2: No
Title: Re: SSDI and having a car accident claim
Post by: forumposter100 on November 23, 2020, 03:52:09 pm
so medicare wont make you pay for future medical out of any settlement?
Title: Re: SSDI and having a car accident claim
Post by: Helper on November 23, 2020, 04:31:15 pm
You asked a different question.  SSA will not take money from your settlement.

However, Medicare will require reimbursement of any medical expenses they paid related to the car accident from your settlement.  They will also require you to pay future medical costs related to the car accident from the settlement.  You may be required to do a "Medicare set aside account", which is basically a bank account that you can only withdraw from for medical expenses related to the accident.

This is not something to navigate without an experienced lawyer.

(If someone is on Medicaid, everything in my post still applies.)
Title: Re: SSDI and having a car accident claim
Post by: SteelCity1981 on November 23, 2020, 04:52:53 pm
Do you have (medical expense coverage) on your auto insurance policy? If so, then you can use it directly to reimburse Medicare instead of you having to take the money that you get out of the settlement to reimburse medicare instead.
Title: Re: SSDI and having a car accident claim
Post by: forumposter100 on November 23, 2020, 07:03:49 pm
My post was more of a hypothetical.  I was just curious if you happened to be in a situation while on SSDI and there was a settlement due to injuries would SSA be entitled to any of it. 
Title: Re: SSDI and having a car accident claim
Post by: Helper on November 23, 2020, 10:33:31 pm
However, the car insurance company will want reimbursement from the settlement as well - so reimbursement of the car insurance is not going to save you money vs reimbursing Medicare
Title: Re: SSDI and having a car accident claim
Post by: SteelCity1981 on November 24, 2020, 09:41:39 am
That all depends. Some auto insurance med pay policies do not have a right to reimbursement clause. An individual would have to look at their auto insurance policy to see rather or not they would have to reimburse their auto insurance's med pay or not.