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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13568
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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Thank you my question. I collect SSA and SSI and I'm looking

Customer Question

Thank you for taking my question. I collect SSA and SSI and I'm looking that I might get a claim in small claims court for pain and suffering in a case I filed. Can Social Security and SSI take that money or will it go against my income? Thank you for your answer
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

SSA will not take that income. However, if you collect SSI, which is welfare for low income/low asset individuals, your settlement will effect that because you will no longer be of sufficiently "low" income or assets for 1 or more months. If the settlement is high and you wish to continue collecting the SSI, you will want to consider having the settlement paid directly to a special needs trust. There are pros and cons to doing so, and you will want to discuss this with your PI attorney. An SNT would be drafted by a specialized trust attorney who knows the intricacies of doing so - because if it doesn't precisely say and not say certain things, it will fair for your purposes, thereby affecting your SSI eligibility (and Medicaid, feasibly).

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

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