If a client is not returning your calls or responding to other communication efforts in pursuing a personal injury case, one reason might be their fear of losing their Medicaid or SSI benefits upon receiving a settlement. We've heard stories from plaintiff attorneys whose clients would rather drop the case than risk losing their Medicaid or SSI. They may not explicitly communicate it with you, but they may be worried about losing their government benefits.
You can put them at ease early on in the case by telling them the different options to protect their benefits at settlement like a special needs trust, a spend down, an ABLE account, or a combination of two or more of these options (read more about special needs trust vs. ABLE account). At the end of the case, they can rest assured knowing that they will not lose their benefits.
As a personal injury attorney, the best thing you can do for your client in the early stages of a case is to inform them that it is possible to protect those benefits after they receive a settlement. You can explain on the front end of the case to clients on Medicaid or SSI that you can still pursue their claim and get them a settlement while protecting these needs-based government benefits that they value. The knowledge that they're not going to lose the benefits that they are emotionally tied to after going through the litigation process and obtaining settlement money puts the client's mind at ease.
If you need help in screening your clients for the benefits they're receiving, give us a call, and we'd be happy to help through expert government benefits planning.
