Tampa social security lawyer

Q: How long do you have to be out of work before you can apply for social security disability benefits?

A: It is the most advantageous to apply for benefits as soon as possible after the onset of your condition. Should your application receive approval, you cannot actually collect your first payment until you are into the sixth month of your injury (social security will determine an “onset” date for your injury). The date of onset is when you had to stop working because of the injury. But the review process for an application takes an average of at least 90 days. So, if you wait to apply, you can expect delays in receiving your first payment. A claimant is entitled to back payments of benefits. The eligibility waiting period will not be included in those retroactive benefits payments. But the longer you wait to apply, the longer you wait for your first check. If you are confused about when or how to apply for disability insurance, it may be beneficial to speak with a social security attorney.

Q: Can you receive Medicaid and social security disability?

A: A person who is approved for social security disability insurance (SSDI) is eligible for Medicare. Medicare cannot begin until 2 years have past since the onset date of the injury, in addition to the required waiting period (5 months) an individual had to wait to begin receiving SSDI benefits. An individual who receives SSI benefits is eligible to apply for Medicaid. For individuals who receive concurrent benefits from SSDI and SSI for a time, the line between eligibility for Medicaid versus Medicare can get blurry. Those claimants should contact their social security representative to find out more information about applying for Medicare or Medicaid. If you believe you are eligible for certain benefits and have not been approved, you may wish to seek counsel from a social security attorney.

Q: Do you need a social security attorney if you plan to appeal your claim?

A: You do not need a social security attorney to apply for disability insurance, have your case reconsidered or appeal for a hearing. If your initial application is denied and you plan to appeal for reconsideration, however, you may wish to hire a lawyer. Most cases that are reconsidered are denied and are then appealed to be heard before an administrative judge. Most cases that are approved after they are heard before a judge are represented by a social security attorney. It is extremely beneficial to have an advocate like a social security attorney on your side, as the hearing is your last chance to present your case.