Legal Question in Social Security Law in Pennsylvania

I am currently "disabled" by my Doctors, (non-work related issues) and I am currentlly invoved in a Medical Malpractice lawsuit. My Attorny does not want me to file for SSDI at the present time because he feels it will impact my case negativly. My question to you is " If I cash in my Profit sharing from my previous employer will it effect my application for SSDI in the near future? I know that any settlement from my lawsuit will have to be set up through a " Special Needs Trust" so it will not effect any future SSDI application. Does this hold true if I take the taxes and penalties and cash in my Profit Sharing money?


Asked on 2/05/11, 1:23 pm

2 Answers from Attorneys
Randall Selagy F. Randall Selagy, P.C.

A special needs trust is NOT necessary if you worked, paid FICA & are applying for Social Security Disability, Assets are not an issue for workers disability. You can be a billionaire and received a Disability Insurance Benefit, which is based on what you have paid in.

However, assets, income and settlements are an issue for SSI (Supplemental Security Income), which is a welfare disability program for people who have not worked (enough) and not paid SSA special needs trust is NOT necessary if you worked, paid FICA & are applying for Social Security Disability, Assets are not an issue for workers disability. You can be a billionaire and received a Disability Insurance Benefit, which is based on what you have paid in.

However, Assets, income and settlements are an issue for SSI (Supplemental Security Income), which is a welfare disability program for people who have not worked (enough) and not paid SS tax or FICA.

You really need to have a case review with an attorney who specializes in Social Security law. or FICA tax.

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Answered on 2/08/11, 1:12 pm
Randall Selagy F. Randall Selagy, P.C.

There appears to be some duplication in the original post. I think this is correct:

A special needs trust is NOT necessary if you worked, paid FICA & are applying for Social Security Disability. Assets are not an issue for workers disability. You can be a billionaire and received a Disability Insurance Benefit, which is based on what you have paid in.

However, Assets, income and settlements are an issue for SSI (Supplemental Security Income), which is a welfare disability program for people who have not worked (enough) and not paid SS tax or FICA.

You really need to have a case review with an attorney who specializes in Social Security law.

Read more
Answered on 2/08/11, 1:40 pm


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