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48. What if I am expecting money from an accident or illness?

If you are expecting money from an accident or illness and you need EAEDC because of that accident or illness, you have to "assign" or turn over your right to the money to DTA. See Question 42. This includes money from a lawsuit or Workers’ Compensation. DTA will reimburse itself from the accident or illness money for the EAEDC and medical benefits you needed because of the accident or illness. 106 C.M.R. § 702.800.

If you are receiving EAEDC, DTA will apply the lump sum rule to the balance of the money that you get from the settlement. See Questions 54, 55, and 56. If you are not receiving EAEDC but apply for benefits within 12 months after you get the money, DTA may apply the transfer of asset rules. See Question 47.

Advocacy Reminder:

DTA can require you to assign the money only if your need for EAEDC was the result of an accident or illness and not some other situation. Special rules apply to elder and disabled EAEDC recipients who are required to seek SSI. See Question 42.

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