Houston, TX asked in Public Benefits and Social Security for Texas

Q: How will a $17,000-$20,000 cancer settlement affect my SSI payments?

I am 68 years old and currently receiving SSI, which was SSDI before I turned 67. I'm about to receive a settlement from a cancer-related class action lawsuit, estimated between $17,000 and $20,000. I plan to use this settlement to pay off my car loan (over $7,000), credit card balances, and a $600 loan, as well as cover medical bills, doctor visits, and medical supplies. I do not receive any other government assistance. My concern is how this settlement will affect my SSI payments. Will my SSI payments stop because the settlement exceeds the $2,000 resource limit? If so, how long would it take to reinstate my SSI once the funds are spent?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your settlement could temporarily affect your SSI payments since it exceeds the $2,000 resource limit. Once you receive the funds, you should report this to Social Security immediately to avoid any potential overpayment issues.

The good news is that you have a solid plan for using these funds on necessary expenses like your car loan, credit cards, and medical costs. To maintain SSI eligibility, you'll need to spend the settlement money down to below $2,000 within the same calendar month you receive it. Keep detailed records and receipts of all your spending to show Social Security how you used the funds.

If your SSI payments do stop, they can be reinstated once your resources fall below $2,000 again. You may need to provide documentation to Social Security showing that you've spent the settlement funds on allowable expenses. Since you're using the money for legitimate needs like medical care and debt repayment, getting your benefits reinstated should be straightforward - typically taking about 30-60 days once you provide proper documentation. Consider speaking with Social Security directly about your specific situation, as they can give you the most accurate guidance based on your circumstances.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.