How Disability Benefits Are Affected By Other Forms of Recovery

Jun 22, 2018 | Blog |

Accidents that give rise to disabilities — whether in the workplace or elsewhere — may seem complicated by the presence of multiple sources of compensation.  If you have been injured in a motor vehicle accident, for example, then you may receive a substantial award of damages from the defendant, and you might also be eligible to receive disability benefits in accordance with your private disability insurance policy.  In the state of Illinois (and elsewhere), however, these varied sources of compensation do not necessarily interfere with one another, except in limited circumstances.

Private Disability Benefits Are Not Affected

Private disability insurance policies can vary quite significantly from plan-to-plan, but as a general rule, benefits are not paid out on the basis of one’s financial resources — disability benefits are instead paid out if the policyholder can prove that they are “disabled” pursuant to the provisions of their insurance agreement.

Given that the financial resources available to the disability insurance policyholder are irrelevant to their receipt of benefits, other forms of recovery — such as a large settlement in an accident lawsuit, or damages awarded following a favorable case verdict — will have no effect on benefits.

Suppose, for example, that you have been injured in a motor vehicle accident.  You are also a private disability insurance policyholder (short-term and long-term).  The defendant agrees that they are at-fault for the accident, and they quickly negotiate a settlement for a payment of $500,000, which covers various losses, including those that relate to the disability you suffered as a result of the accident.

You might think that this damage recovery — given how substantial it is — would interfere with your receipt of private disability benefits, but that would be incorrect.  In Illinois, and throughout the country, you could submit a claim for disability benefits and receive all benefits owed under the policy.

Importantly, other benefits (Supplemental Security Income, or SSI) that are based on your income will be affected by the influx of funds awarded in litigation, or through various other sources, such as workers’ compensation.  If you are concerned about preserving your SSI eligibility, speak with a qualified attorney about the possibility of forming an irrevocable trust.

Collateral Source Rule Protects Your Recovery in a Lawsuit

Interestingly, your receipt of disability benefits will also have no effect on your ability to recover damages in a lawsuit.  This is known as the “collateral source rule,” and the state of Illinois continues to apply this rule to protect injured policyholders.

How does it work?

The collateral source rule essentially disallows a jury from hearing evidence of the plaintiff’s receipt of benefits (or other reimbursement), and the rule also prohibits any reduction in damages due to third-party reimbursement.  For example, if you claim damages for the defendant having caused you to suffer a disabling injury, then the defendant is not entitled to introduce evidence of your disability insurance coverage to minimize their own liability. 

Speak to Our Team of Skilled Chicago Disability Lawyers for Guidance

Bryant Legal Group, P.C. is a Chicago-based insurance litigation firm with a focus on securing benefits (and damages) on behalf of policyholder-clients.

We have decades of experience representing policyholders in a range of insurance disputes, and we believe that our success is fundamentally owed to our comprehensive, client-oriented legal representation — we prepare thoroughly for litigation, working with staff-consulting physicians and other experts to evaluate medical records, insurance contracts, and various other documents that will serve to anchor our arguments later.

Call (312) 634-6415 today to get in touch with one of our experienced Chicago disability lawyers.

Bryant Legal Group - Chicago Healthcare and Disability Attorneys


"Mr Bryant, his partner Jennifer Danish and associate Steve Jackson were efficient, diligent and persistent towards finding a just resolution and favorable outcome for myself and my entire company."

"I used Jennifer Danish for a disability claim. Frustrated that I couldn’t get results myself I found her. She unearthed some issues my doctor did Not notify me of that affect the quality of my life. My end result was positive!"

"Mr. Jackson did an outstanding job in relation to my case. He insured I was. Both prepared as well as informed regarding the hearing. I would highly recommend his skills and personal dedication to the client."

"Though difficult for the obvious reasons, your involvement has made this process infinitely more tolerable. Please know of my sincere appreciation for your efforts. With Very Best Regards,"

Contact Us For A Free Consultation

Contact Us Now

Is this for a disability claim?

Bryant Legal Group PC Bryant Legal Group PC


55 E Monroe St,
Ste 1460

Chicago, IL 60603

Main Line: 312-561-3010
Fax: 312-254-3140

Free Consultation