Legal & tax

Will funding affect my Medicaid or disability benefits?

It can. Needs-tested programs such as Medicaid and Supplemental Security Income look at your assets, so receiving a lump sum may affect eligibility. Programs based on work history, such as Social Security Disability Insurance, are generally not affected.

The distinction is between needs-tested and earned benefits. SSDI and Medicare are based on your work record and are generally unaffected by an advance or a settlement. SSI and Medicaid are needs-tested and can be.

This is a real planning issue and there are established ways to handle it, including special needs trusts and structured settlements. Your attorney will know the options.

Raise it with your attorney before you accept an advance, not after. It is much easier to plan around in advance.

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