A California family is considering a potential settlement after their child suffered a severe arm injury during an intentional assault by another student, raising questions about how any compensation might affect the family’s SSI, Medi-Cal, and IHSS benefits.
The incident occurred last June during the lunch period at school.
According to the family, a football player, significantly larger than the victim, ran across the hallway and shoved the student multiple times.
When the student fell, the assailant tripped over him, landing directly on his arm and breaking it.
The injury required emergency surgery, including re-breaking the bone and inserting two rods and nine screws.
Doctors have indicated that the child may need additional surgery in the future once he finishes growing, as he could outgrow the existing rod.
A witness confirmed the assault, including a disturbing comment from the attacker while the victim lay injured: “let me see you dab me up now,” referencing a playful handshake.
Since the attack, the student has experienced anxiety, depression, and post-traumatic stress disorder, leaving lasting emotional trauma.
The family initially explored legal action against the school district. They expressed frustration that video footage of the incident was deleted the day after the assault, despite requests to preserve it.
They also criticized the school nurse’s response; when the child’s parent asked the nurse to call an ambulance, she reportedly refused, insisting instead that the child be picked up.
While pursuing action against the district would have been challenging, the family has now located the attacker’s family and sees a strong possibility of a personal injury settlement.
As they consider legal options, the family is carefully evaluating how any settlement could affect benefits for their children.
Two of their children already receive Supplemental Security Income (SSI), and a third child’s SSI application is in progress.
The family is exploring strategies to protect these benefits, including:
- Placing settlement funds in a CalABLE account to prevent the money from counting against SSI, Medi-Cal, or IHSS eligibility.
- Using a special needs trust, pooled trust, or structured settlement to allocate resources for immediate and long-term needs without jeopardizing benefits.
- Determining the best timing and method of reporting any settlement to Social Security Administration and Medi-Cal.
- Strategically planning the third child’s SSI application in light of potential settlement funds.
Financial experts recommend careful planning to ensure that personal injury settlements do not unintentionally disqualify families from public benefits.
Funds directed to a child’s name versus a parent’s name, or held in specialized accounts or trusts, can have different impacts on eligibility.
Families often work with attorneys who specialize in both personal injury law and public benefits to navigate these complex rules.
The family is actively seeking guidance from experienced California attorneys who understand the intersection of personal-injury settlements and public benefits, aiming to secure financial support for their child while maintaining eligibility for SSI, Medi-Cal, and IHSS.
