Personal Injury Settlement Awards And SSI Benefits

How Does A Personal Injury Settlement Affect SSI?

One question that we are asked quite often from our clients and their families is how a personal injury settlement will affect their Supplemental Security Income (SSI) benefits.  The short answer is "Yes, a personal injury settlement will likely affect your SSI benefits."
Let's take a look at why this is the case and what you can do to protect your benefits.
Defining SSI
The Supplemental Security Income (SSI) program provides a monthly stipend to disabled children and adults who have limited income and to people age 65 and older who meet the financial limits. In order to qualify, countable assets must be less than $2,000 for an individual or $3,000 for a couple.
Click here for a full list of what sorts of income, assets, and changes must be reported under the SSI program.
Because program benefits are "need based" or "resource based", an injury settlement will impact the SSI benefits received. Monetary settlements change the amount of unearned income a person receives. Unearned income is one of the resources the Social Security Administration looks at when determining eligibility for SSI benefits.
If the award pushes your income over the $2,000 or $3,000 threshold, your benefits may be terminated.
SSI, SSDI, And Social Security Income Are Not The Same Thing
It's important to clarify that Supplemental Security Income (SSI) is different from Social Security Disability Income (SSDI). SSDI benefits are not dependent on your income and, therefore, are not affected by injury settlements. SSDI benefits are provided when a person have a severe, long-lasting disability that affects his/her ability to work. Since the settlement is not earned income, it should not affect your receipt of SSDI benefits.
SSI is also separate and distinct from Social Security Income, which workers paid through the Social Security Payroll Tax when they were working. Social Security Income is not affected by a personal injury case, because it is not need based. It is based on income you earned and taxes you paid. Social Security Income is also unaffected by personal injury settlements.
Protecting Your SSI Benefits
SSI benefits provide critical income and other income-based qualification benefits for vulnerable individuals. These individuals should not be forced to choose whether or not to accept damages resulting from a personal injury case or risk losing their SSI benefits.
Fortunately, there are ways to protect your SSI benefits and accept settlement awards. One of the best options is to set up a special needs trust. This trust allows injured parties to keep settlement proceeds and keep their SSI benefits. The special needs trust can be used to cover services that are not covered by SSI programs such as transportation, nursing care, or therapies.
Consult Eisenberg Law About Your Personal Injury Settlement Options
If you receive SSI benefits, it's very important to share that information with your personal injury attorney as soon as possible. Together, you and your attorney can discuss your options for protecting your SSI income if you win a settlement. Your attorney should also be able to help you set up a special needs trust to protect your settlement income.
Contact Eisenberg Law Offices in Madison, WI for help navigating SSI and injury settlements. Call 608-256-8356 or reach us online.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/personal-injury-settlement-awards-ssi-benefits/

Madison WI Car Accident Attorneys | Rental Car Coverage

Madison WI Car Accident Attorneys Explain 2 Alternatives To Rental Car Companies' Insurance Add-Ons

Have you ever rented a car and been subject to the rental insurance upsell that so many rental agencies love to give? Yes? We thought so. Rental agencies make big bucks on these insurance add-ons - typically called Collision Damage Waiver (CDW) or Loss Damage Waiver (LDS). This is not a surprise when you consider that the sale is made right when you're picking up the rental car and are likely tired, confused, and in a hurry to get the paperwork completed so you can get going. Rates are also relatively inexpensive, so many renters will say yes thinking the added protection is worth an extra $15/day.
But is the insurance necessary?
Two Alternatives To Rental Agencies' Insurance Coverage

1. Your Personal Auto Insurance Policy. Many Wisconsin drivers don't need to purchase this additional insurance because they are already covered for rental vehicles under their own auto insurance policy. Most collision, liability, and comprehensive car insurance policy options cover the insured person regardless of the vehicle they are driving. You'll still have to pay your deductible if you are at fault for an accident, but this is no different than if you'd been found at fault for an accident that happened when driving your own car. Before you head out to rent a car, double check your auto policy coverage and make sure the coverage follows the driver.

Of course, if you don't own a vehicle and, thus, have no auto insurance, it's a good idea to say yes to the rental company's insurance offer as you won't have your own coverage to fall back on if there is an accident.

2. Your Credit Card. Another way you could be covered is through your credit card company. Some credit card companies, including Visa, MasterCard, American Express, and Discover offer rental car insurance services that can protect you from fees charged by the rental company if an accident occurs if you used their card to rent the vehicle.

When a rental vehicle is involved in an accident, the rental car company may allege that the accident resulted in a loss of use and diminished value of the vehicle. They may try to charge you for those losses. If your personal auto insurance policy does not cover these sorts of fees, and you did not buy the insurance offered by the rental car company, you may have to pay for them out of pocket. This is where your credit card company can help.
Credit card companies may offer primary or secondary insurance coverage. Primary insurance works the same way as your personal auto insurance policy. If you get into an accident, you can file claims under the primary policy and avoid having to report the incident to your auto insurer. This can help protect you against rate hikes that may result from the accident. Secondary credit card insurance only covers costs and fees that are not covered by your auto insurance policy.
Madison, WI Car Accident Attorneys Recommend Research Before Your Trip
Our Madison, WI car accident attorneys recommend checking with your auto insurance provider and credit card companies to find out if you are covered for accidents that occur in rental vehicles. Do this before you leave on your trip to save time and avoid hassles at the rental car counter. In most cases, you will be happy to discover that the rental car agency's insurance is totally unnecessary.
For additional questions about auto accidents and insurance coverage, contact the Eisenberg Law Offices Madison, WI car accident attorneys at 608-256-8356.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/madison-wi-car-accident-attorneys-rental-car-coverage/

Identity Theft In Wisconsin | Wisconsin Identity Theft Laws

Two Laws Governing Identity Theft In Wisconsin

As more and more of our lives are conducted electronically and online, identity theft has become more widespread and devastating to victims. But it's not only individuals who can suffer from identity theft, businesses or other enterprises can become victims too. The State of Wisconsin recognizes this distinction and has created two different laws, which are used to identify and prosecute identity theft in Wisconsin. In both situations, identity theft is considered a white-collar felony crime. Penalties can include incarceration, fines, restitution, and probation, though the exact punishment will depend on case specifics.

Defining Identity Theft In Wisconsin

The State of Wisconsin considers the following to be identity theft:

1. Unauthorized use of an individual’s personal identifying information and documents (Wisconsin State Statute 943.201).
2. Unauthorized use of an entity’s identifying information or documents (Wisconsin State Statute 943.203).

A key component to determine whether an act is identity theft comes down to whether or not the defendant engaged in the "unauthorized use" of "personal identifying information or documents". In other words, the defendant must have, without authorization, intentionally used or tried to use or possessed with intent to use the identifying information or documents of a person or entity.
Individual Identity Theft
All of the following pieces of personal information are protected under Wisconsin identity theft laws:

• Name
• Address
• Telephone number
• Driver's license number
• Social security number
• Employer or place of employment
• Employee identification number
• Maiden name
• Bank or other depository account number
• Taxpayer ID number
• Deoxyribonucleic acid (DNA) profile
• Account numbers or codes
• Electronic serial numbers, mobile numbers, personal ID numbers or other telecommunications ID services, equipment or instruments
• Any other ways of accessing an account
• Biometric data, such as fingerprints, voice, retina or iris scan, or other unique physical representation
• Any information belonging to an individual with the capability to access goods, services, money or anything of value or benefit entitled to the individual
• Any information which can be uniquely associated with a specific individual

Organizational Identity Theft
Similar to individual identity theft, certain pieces of information that belong uniquely to an entity are also protected under the law. They include:

• Name
• Address
• Telephone number
• Employer ID number
• Bank and other depository account numbers
• Account number or code
• Electronic serial number, mobile number, personal ID number or other telecommunications ID service, equipment or instrument
• Any other way of accessing an account
• Any other unique data or information belonging to the entity designed to be used to access funds, services, goods or anything else of value or benefit including credit entitled to the entity
• Any other information that belongs to the entity

Defend Yourself Against Charges Of Identity Theft
If you have been charged with or believe that you are being investigated for identity theft in Wisconsin, contact the criminal defense attorneys at Eisenberg Law Offices. A good defense against these charges is possible with the right help.
Contact us at 608-256-8356 to discuss your situation.
This post was originally published at http://www.eisenberglaw.org/identity-theft-wisconsin-wisconsin-identity-theft-laws/

WI Personal Injury Attorneys | Personal Injury Definition

Personal Injury Attorneys Define Personal Injury

On the face of it, defining personal injury seems fairly straightforward. If you've been injured, it's a personal injury, right? Not necessarily. The legal definition of a personal injury is "any violation of an individual's rights, other than his/her rights in property." We often think of personal injuries as being slip-and-fall cases or physical accidents, but under this definition personal injuries are not limited to physical injuries. A person could be injured in other ways, libel or slander are good examples of non-physical personal injuries.
The Reasonable Care Test
One key factor in determining whether or not the situation is a personal injury case is whether or not the injury occurred due to another person's failure to use reasonable care. Just exactly what constitutes reasonable care varies from case to case, but in general the plaintiff's injury must be caused by and be a foreseeable result of the defendant's action(s).
The Role Of Personal Injury Attorneys
Without hard and fast definitions of what exactly constitutes personal injury or reasonable care, personal injury attorneys have their work cut out for them. They must navigate laws that are open to interpretation and lawsuits are nearly always determined on a case-by-case basis. Rarely does legal precedent make or break cases. This makes choosing a personal injury attorney very important to your case. Ideally, you'll want a personal injury attorney who has direct experience with your type of injury case, whether that is a physical injury, negligence, medical malpractice, or something else entirely. There are many, many different types of personal injury situations and not all attorneys have experience in all types of cases.
Your personal injury attorney will be instrumental in advocating for your rights and helping you recover damages for things like medical and legal expenses, emotional distress, pain and suffering, lost wages and/or lost future earnings, loss of companionship, and more.
To learn more about personal injury or to speak with a Wisconsin personal injury lawyer, contact Eisenberg Law Offices at 608-256-8356 or email us at Info@EisenbergLaw.org.
This post was originally published at http://www.eisenberglaw.org/wi-personal-injury-attorneys-personal-injury-definition/