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If someone becomes permanently disabled due to a rear end auto accident can that person qualify for SSDI?
My friend was rear ended in 2007 she is disabled because of it.She didn't settle for $15,000 that was offered by State Farm. She applied for SSDI last year and is awaiting a hearing. If State Farm isn't making a fair settlement offer, will she be expected to sue the party at fault to satisfy SSDI or can she just take what ever State Farm offers and still qualify?
She is still pending a settlement and has filed a law suite,now just waiting to settle with party responsible,there policy is $50,000 and my friend has a policy with the same ins co, State Farm,and her policy carries underinsured motorist of $25,000
3 Answers
- BootsLv 78 years agoFavorite Answer
If the accident happened in 2007 and she did not file a law suit...then odds are, the statute of limitations has run and she's not going to get anything. If the statute of limitations runs and you have not taken the proper steps to preserve your claim, then your claim disappears once the statute runs. Even if you file a lawsuit after the statute has run, you can't get the claim back. The defendant will argue the statute of limitations has run and will win.
In most states, the statute of limitations is 2 or 3 years. Some, like Louisiana have a 1 year statute and Florida has a 4. North Dakota, Maine have a 6 year statute for injury claims and Missouri has a 5. But depending on what state this happened in...your friend may not have a claim at all.
If $15,000 was the per person limit of bodily injury coverage, then that's all State Farm can offer. Fair or not. The policy limit is the policy limit.
Your friend can sue the other driver (provided the statute has not run) but unless the other driver has assets, she'll never be able to collect on it. People are so quick to jump into law suits but never consider that the other person has to have the ability to actually pay you in order for the law suit to do any good.
As far as if she will qualify for SSDI or not. That's up for SSDI to decide. No one here can tell you. All your friend can do is apply and see what happens.
- LibraryannaLv 78 years ago
If she is getting SSI, it can affect benefits and the settlement. But otherwise, the two are separate. They won't make her sue.
If State Farm is offering the full policy limits, then she would have to sue to get more money. She should also see if she has underinsured coverage on her own car and file for that. Then her insurance company can sue.
If State Farm has more money and they aren't offering policy limits, she should see a personal injury lawyer.
- 8 years ago
She can apply for SSD (social security disability) however, SSD is granted on the medical findings and the amount paid is based on the years she worked and how much she paid into social security prior to being hurt. So if she did not pay into social security (either she did not work prior etc then she will not qualify) as for SSID that is granted if your SSD has you below the poverty level and that is supplemental funding. The best way to get your SSD granted is to go to a SSD attorney as they know how to get the paperwork filed and she would also if she qualifies be entitled to back years of SSD. Most SSD attorneys offer initial consultation free and if they can help you they take their fee from the first SSD check you are issued and there is a cap on the amount that they can take. It is best to me to go that route as they will cut through all of the back log & delay if she is eligible and get her SSD coming sooner then later as well as get her any back years and see if she qualifies for the SSID.
Source(s): Went through the process