When calculating lost wages in personal injury cases, do you adjust for Social Security Disability Income?
from an accident claim can include compensation for lost past or future
wages. The factors included when establishing the amount of the award
differ for each state and in each lawsuit. Generally, Social Security
Disability Income is not factored into compensation for lost wages,
unless the plaintiff was already receiving the benefits.
Past Social Security benefits are those which are already awarded or
received by the plaintiff from the Social Security Administration. This
means that the plaintiff was already disabled, submitted an application
to the Administration and was approved to receive benefits. Future
Social Security Disability benefits are those which have not yet been
awarded, either because an application is pending or because the
plaintiff has not yet applied for them.
Disability payments will not be included in calculation of
compensation for lost wages if they are not already awarded by and given
to the plaintiff. The reason for this is because there is no way to
guarantee that the Administration will award benefits to the plaintiff
or how much it will award. Therefore, this amount cannot be included in
However, a plaintiff which is subsequently approved for disability
benefits can be brought back to court to have their damage award
altered. While this would require at least a hearing on the issue, the
defendant might be entitled to a slight reduction in the amount they
owe. This capability is intended to prevent the plaintiff from receiving
an excessive amount of compensation for their injuries and the
defendant from being unjustly penalized.
If you want to know whether disability benefits will be included in
the calculations for your damage award for a personal injury claim, seek
the advice of a lawyer. An attorney will review your case and discuss
the possible amount of compensation you could receive for your lost