Legal Question in Personal Injury in California

Re: just injuried in a well known store

I have read some of the responses and respectfully disagree with those that advised you not to worry about the benefits.

First, if she receives substantial recovery and fails to reimburse medi-care and/or medi-cal, then she'll be risking losing her medical benefits.

Second, ANY income from ANY source must be reported to the SSA for the purposes of SSI as it is a needs based program. Hence, funds held by her are and will be considered a "resource."

Recipients of SSI benefits may not have ``resources'' in excess of $2,000 ($3,000 for a married recipient). For this purpose, ``resources'' include cash, other ``liquid assets,'' and any real or personal property that the recipient owns and could convert to cash to be used for support and maintenance.

``Liquid assets'' is defined to mean cash or other property that can be converted to cash within 20 days. It includes such items as checking and savings accounts, bonds, mutual funds, mortgages, and similar financial instruments that can be converted to cash within 20 days. An asset will not be counted for purposes of determining eligibility for SSI if the recipient has no right, authority, or power to liquidate the property, if the property cannot be liquidated, or if it is treated as ``excludable.'' ``Excludable'' resources

include:

1. A home, and the land ``appertaining'' to the home;

2. Household goods and personal effects not exceeding $2,000 in value;

3. An automobile necessary for employment or medical treatment or, if not necessary for

those purposes, with a current market value not exceeding $4,500;

4. Certain property of a trade or business that is essential to the recipient's means of

self-support.

An SSI recipient must also meet a complex income requirement for SSI eligibility. Income is generally classified as either ``earned'' or ``unearned'' income. While both types of income

can result in a reduction of SSI benefits if the income exceeds specified levels, the classification is important in that there are many exclusions for income designed to encourage the SSI recipient's self-sufficiency. In addition, an SSI recipient may also receive ``deemed'' or ``in-kind'' income arising from payments made by a third party for the benefit of the SSI recipient.

Per Social Security Act, the $ your relative is about to get, falls under the category of "Prizes and Awards" and it is considered "unearned income" which is defined as follows, "... An award is what an individual receives through a decision from a court, board of arbitration, or similar body." 20 CFR Sec. 416.1121(f).

Although the SSA may never find out about the settlement, your relative is obligated, under the law, to report the settlement to SSA. The SSA in turn, will either reduce or cease the SSI payments of your relative temporarily, according to a formula.

There are ways to deal with this issue, but the topic is way too extensive for a listserv discussion. Good luck.

Re: just injuried in a well known store

Yes, you would want to get an atty right away. Save all bills and records, take photos of any visible injuries and watch the mail for forms and letters from SSI and Medicare. PI recoveries generally don't affect benefits, but you might have to pay something back to Medicare for covering the bills. If you are in the Orange County area, I can help you and would be glad to give a free consultation and review of the case.

Re: just injuried in a well known store

I would be happy to represent your relative in a lawsuit against the store, based on these facts, as it appears to be a pretty straight forward question of negligence by the store employee who caused your relative injuries for which she may seek damages. As to SSI and Medicare, this should not be an issue due to the collateral source rule. The only issue is that Medicare may assert rights to recover from your relative to the extent she gets anything from the store. They do not always do that however, as each case is different.

You should immediately hire a lawyer, since it is important to obtain all documentation of the incident, and otherwise place the claims representative on notice.

I welcome your reply.

Re: just injuried in a well known store

hi. yes, you should retain a lawyer right away to deal with this. as to medicare, SSI, etc., issues, those will not be a problem to deal with. any attorney can explain this as appropriate. not to worry.

i am sure that in this instance, you will find that my office, or any number of other attorneys would be happy to represent your relative. just don't delay. it will not help your situation.

please feel free to call if you like.

d. king

Re: just injuried in a well known store

It can be arranged to not interfere with her public benefits and, yes, she should get a lawyer now.

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS

Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

Re: just injuried in a well known store

Yes. You should hire an attorney right away. That attorney should bring suit and structure any settlement to fund a special needs trust so as not to affect any of her benefits.

Re: just injuried in a well known store

Yes...she should get an attorney right away.

Re: just injuried in a well known store

I have not read the responses of the other lawyers on here. You have one heck of a case. This case is like an auto-accident without the auto's if you know what I mean. You need to get a lawyer now!! If you are in Southern California you may call me at 818-427-6246 for a free consultation.

Norm

Re: just injuried in a well known store

I would absolutely suggest hiring an attorney. Our office provides a free consultation whereby we could address all of your concerns, including the SSI and Medicare issues.