Talking to Your Social Security Lawyer about Medicare and SSD
Posted by admin on Jul 1, 2009
Q: How long before I am covered for Medicare?
A: A social security lawyer will tell you that, if you’re retired, Medicare is fairly simple. If you are 65 years old or older, and worked for at least ten years in a Medicare covered job, you will generally be eligible for Medicare even if you’re working. If you are under 65 and suffering from a disability, you may also be eligible for Medicare. But for these applicants, it may be a good idea to speak to a social security lawyer or advocate about several complications involved with receiving coverage for a disability.
If you don’t talk to a social security lawyer or advocate when your disability first presents itself, you may not know that you will have to wait 24 months for Medicare coverage. This is a two year waiting period that starts when your disability begins. In order to receive Medicare coverage for your disability, you are also required to be eligible for social security disability. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. It’s generally a good idea to speak with a social security lawyer at the beginning of the process to gauge how long your wait may be.
Q: The SSA says I am short one credit to apply for disability insurance. What, exactly, do they mean?
A: Social Security Disability eligibility is a complex system (which is why it’s a good idea to work with a social security lawyer). In order to qualify as “insured” under SSD, most adults need to have earned 20 credits during the last ten years (counting towards your total number of working credits). This is a rolling ten year period that is supposed to end on the day that your disability is judged to have begun.
Unfortunately, due to the combination of rules requiring a certain number of credits for people of a certain age, and a certain number of those credits earned in the last 10 years, not meeting the credit requirements is easy. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough. Unfortuantely, though, it can also happen when you’ve waited too long to apply for SSD, or when a judge has decided to change your disability’s official onset date. In this case, you should speak to a social security lawyer to better understand you options for appeals, etc.
Q: If I have an SSD claim pending, can I still work?
A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. This doesn’t necessarily mean, though, that you cannot work at all. If the amount you earn falls below the income limit for “substantial gainful activity,” it may not affect your claim. You may want to speak with a social security lawyer to learn more.
Social Security Disability Benefits And You
Posted by admin on Mar 25, 2009
Along with every paycheck that you receive from your employer comes a corresponding deduction of Social Security taxes. For most people, Social Security is used for the purpose of retirement benefits that they can avail of when they reach the age of retirement. However, there is also a certain portion of your Social Security tax that can be used for a disability plan. Federal law states that in the event of an injury or some type of illness or disease that effectively hinders your ability to work, you can claim some Social Security benefits even though you have not reached retirement age yet. These disability benefits are designed to give you a source of income when you are not able to work.
Disability is defined by the Social Security Act as the inability to engage in any income generating activity because of a physical or mental condition that can either result in death or will last for a period of not less than 12 months. For many people, the confusion stems from not knowing when they can apply for Social Security benefits and when they can start collecting payments. What you should realize is that it is important that you file for disability as early as you can, even on the day that you are disabled if possible. The act of processing your claim can take much longer than expected and if you wait too long before doing so, you may miss out on some benefits, as well as run the risk of delaying the process even more. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. In addition, you will also have to be unable to work for at least 5 full months before you can begin receiving disability benefits.
The question of why the entire claim process takes so long…often lasting more than a year…is one that comes up often. Even with a competent Social Security lawyer on your side, the process can still take an excessively long time. While it is understandably quite frustrating to be out of work and at the same time unable to claim any benefits, the huge backlog of Social Security cases results in this inordinate delay. Since Social Security cases are processed in the order in which they come in, there is little that you can do but wait. In certain states in fact, the entire process has been known to take anywhere from eighteen months up to two years in order to get a hearing.
Even though a Social Security Disability attorney cannot get you to a hearing before an administrative law judge quicker, a good attorney will win your case before you are even scheduled for a hearing. A good Social Security Disability lawyer will have enough experience to know what type of evidence to collect as well as how to use any opportunities to your advantage, such as filing the claim with the Office of Disability Determinations or coming up with an On the Record opinion so that a hearing for your case may not even be necessary. With or without a social security attorney there are barriers between you and your Social Security Benefits. With a competent lawyer on your side however, the process can be resolved much sooner than if you take on the task of filing the claim by yourself.
Do You Need a Social Security Attorney to Apply for Benefits?
Posted by admin on Feb 16, 2009
Q: Do I need to have a social security attorney to apply for disability benefits through social security?
A: You do not necessarily need to hire a social security attorney. A fair number of applications submitted for social security disability benefits are not approved. Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Hiring a social security attorney does not mean your case will be approved. It does guarantee, however, that your appeal will be executed correctly. A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.
Q: When is it recommended to submit an application for disability benefits with the Social Security Administration?
A: It is recommended that you submit your application for disability benefits as soon as possible after you are no longer able to work. Although the current estimated time of application processing is 90 to 120 days, it is not uncommon for the process to take over 6 months. For this reason, you will want to submit your application as early as you can. If your application is denied, you will probably want to appeal, which adds more time to the process. Seeking the counsel of a social security attorney may be helpful, if you are confused about how and when you should apply.
Q: What is the difference between SSDI and SSI? Q: Are disability benefits and SSI the same thing?
A: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both benefits through the Social Security Administration offered to individuals who can no longer work due to injury. Only people who have been working for a certain amount of time and have contributed to Social Security qualify for SSDI. SSI benefits are distributed to those with limited income and assets, regardless of work history.