Aug
27
2010
By Guest (not verified)
Will disability benefits be terminated if the person is not supposed to be driving and gets in a car accident in which the disabled person is found not to be at fault? And can the disabled person take the person at fault to court for not paying for damages caused to his/her vehicle and presenting a terminated insurance policy at the time of the accident?
Forums:
Termination of disability benefits
As to the first question, I have only seen two ways for disability benefits to terminate. First is fraud or malfeasance, and the second is if your medical condition improves.
Being involved in an accident under these circumstances raises the likelihood of a charge of disability fraud. Initially, there is no reason that someone would know that a given driver is receiving disability payments, much less know that not driving is a condition of those benefits. However, in a court proceeding, a discovery process may uncover previously private information such as sources of income. This may lead to questions and possible report of malfeasance. However, as far as I know, there is little coordination between local civil courts and the Social Security Administration regarding information sharing in this regard.
http://www.socialsecurity.gov/pubs/10153.html#6
http://www.socialsecurity.gov/pubs/10090.html
As to the second question, it may be best to contact legal counsel.