When an individual with a disability receives a personal injury settlement or award, legal complications can arise. Attorney Rafael Gil III of The Gil Law Firm, in Dothan, Alabama, explains how a personal injury claim can affect disability benefits. The firm helps people throughout Alabama, Florida, and Georgia to get full compensation for their disabilities.
People who are disabled and suffer a personal injury, or who become disabled due to a personal injury, often receive government benefits, such as Social Security Disability Income, Medicare, Supplemental Security Income, or Medicaid. Social Security Disability and Medicare payments can continue even if the individual receives personal injury settlements or awards directly. However, the law treats disabled SSI and Medicaid recipients differently. To protect their personal injury awards, these recipients must have a special needs trust to have access to the funds.
A special needs trust serves two functions: it receives the personal injury settlement funds, and it’s a place to deposit funds for goods and services that government benefits don’t cover. Funds that enhance the disabled person’s quality of life, such as transportation, vacations, education, legal services, and therapy can be deposited in the special needs trust, often called a supplemental needs trust. A trustee controls the trust fund spending. When the beneficiary dies or the trust funds are spent, the trust ends.
Disabled individuals need attorneys to create special needs trusts for receiving personal injury compensation. The Gil Law Firm will help you create a special needs trust and select a trustee to meet Alabama, Florida, or Georgia’s legal requirements. Since 2000, this firm’s dedicated and compassionate service has given peace of mind to individuals and their families in both disability and personal injury cases.
If you’re disabled, before you settle a personal injury case, contact The Gil Law Firm in Dothan. Call (334) 673-0100 to schedule a consultation with an attorney, and visit them online to learn more about their services. These attorneys care about your recovery, and they’ll do everything within their power to provide support.