Talking to Your Social Security Lawyer about Medicare and SSD
Posted by admin on Dec 4, 2008
Q: How long will I have to wait to receive Medicare coverage?
A: If you talk to a social security lawyer, he or she will talk about Medicare for retired persons as 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 you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to 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 waiting period begins at the time you become disabled. In order to receive Medicare coverage for your disability, you are also required to be eligible for social security disability. When you combine the waiting period for Social Security Disability with the waiting period for Medicare, it can be a very long time before you see coverage. 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: According to the Social Security Administration, I am one credit short of the number I need to be eligible for benefits. What does this 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. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.
Q: Can I work while I have a claim pending?
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. Talk to a social security lawyer or advocate for details.
A credit is equivalent to a quarter of the calendar year. The Social Security Administration requires applicants to earn a specific amount in the course of a quarter. To be eligible for Social Security Disability Insurance, applicants need to have credits equivalent to at least 20 quarters or 5 years’ worth, over the past 40 quarters or the ten years previous to becoming disabled.
Working while applying for Social Security
Many people seem to think that they are not allowed to file for Social Security disability benefits while they are currently working. The fact is that you CAN actually apply for benefits, make an appeal, and even receive social benefits while you are currently working.
A social security lawyer can even help you with the qualification process.
There are actually a few disability benefits offered by the Social Security system. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI.
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To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.
Does SSA offer partial disability benefits?
No, people with partial or short term disabilities are not eligible for disability benefits through Social Security. Social security benefits are available only to applicants who are completely disabled and whose disability is considered likely to last at least a year. (Note that you may continue working while collecting disability benefits if your highest possible income is beneath a certain level. )
I cannot work as long as before or at the same skill level, so although I still have a job, my income has dropped.
If you agree with Social Security that your overpayment status is legitimate, you can ask for a waiver. When you request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back. This is the course of action a social security lawyer might suggest if the overpayment was due to Social Security’s mistake, not yours.
If, on the other hand, you believe that you were overpaid due to your own mistake, you will probably need to pay the money back. Your social security lawyer or advocate will suggest you talk to Social Security about a payment schedule.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied. The Social Security Administration has no policy or regulation stating that all first applicants should be denied. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
Of all social security disability claims, about 70% are denied the first time they apply.
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For this reason, you will want to submit your application as early as you can. The process will take even longer, if your case is not initially approved and you wish to appeal. 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. Individuals are eligible for SSDI, if they have been in the workforce and accrued enough credit to receive benefits.
A social security lawyer can help you with the different types of Social Security Disability benefits available and help you decide which one is the most appropriate to your situation. A social security lawyer can even help you with the qualification process.
There are several benefits for disabled persons as provided by the Social Security System. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you.
Really great information.
What does this 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). For you to be eligible to be “insured” for SS Disability, you will generally (though not always) need to have earned 20 credits during the last ten years of work. This is a rolling ten year period that is supposed to end on the day that your disability is judged to have begun.
Sadly, though, the rules that go into determining how many credits you have and need for the last ten years of work makes meeting your credit requirements rather difficult. A social security lawyer will tell you that this often happens when an applicant simply hasn’t worked enough.
Hiring a social security lawyer may prove to be very beneficial to you when filing your claim, since conforming to all of those requirements does not necessarily guarantee that you will be approved.
A social security lawyer can be a great help to you in compiling the information that you will need in order to make your case for a disability claim. The process of getting your Social Security Disability benefits can take a very long time, and you will have to fill out a lot of documents as well as submit to an interview with a representative from the Social Security Administration. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent.
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But each veteran receives different types of benefits– and not all of these benefits are equally valuable. The Department of Veteran Affairs has 8 “priority groups” which they use to decide which types of benefits a veteran will receive; “1″ is the highest and “8″ (which as of 2003 is no longer assigned to new veterans) is the lowest. Your priority group depends entirely on your disability and how it first occurred (service-connected or non-service-connected), your financial situation, and your current level of disability.
Because the fact of a disability originating from service-related or non-service-related sources has a generous impact on your veteran disability benefits, it’s important to know the qualification requirements for both types of benefits.
Non-service-Connected Benefits Requirements
Veterans who suffer from complete and permanent disability are eligible for non-service-connected benefits.
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You may also consider applying for local, state and federal public benefit programs. General Assistance is a state program that can lend you money that will have to be repaid after your social security disability case has been processed. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If you are in financial dire straights, you might consider talking to a social security attorney. It is possible that you qualify for dire need aid with the agency.
Q: I already get benefits for a service connected ability. Is there any other benefit I can receive?
A: This depends on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. To apply for these benefits there is a separate form that needs to be filled out and filed with the VA.
In this situation, you will have to set up an appointment with the office of the Social Security Administration. Upon the processing of your application, the Social Security office will then determine if you are eligible for the Medicare program.
What if I lack one or more credits for disability insurance?
The Social Security Disability Insurance program requires applicants to have a certain number of credits that they have earned during a certain period, as well as a certain amount in earnings ten years before being disabled. Credits are earned every quarter of the calendar year. The Social Security Administration requires applicants to earn a specific amount in the course of a quarter.
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Many people who apply for Social Security disability benefits without the help of a social security lawyer will often have a difficult time with the process, putting even more burden on an already difficult situation. A competent social security lawyer can make it easier for you to avail of such benefits, which are often granted depending on your qualifying points. A social security lawyer can help you with the different types of Social Security Disability benefits available and help you decide which one is the most appropriate to your situation. A social security lawyer will even be able to guide you through the qualification process.
There are actually a few disability benefits offered by the Social Security system.
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Helpful information.
Many claimants who did not have a social security lawyer for the initial review process choose to hire one at this point. The majority of claims that undergo reconsideration are denied. The next step after reconsideration is to have your case heard before an administrative judge. A social security lawyer is extremely beneficial during the hearing process. In fact, most cases that are approved after undergoing a hearing have legal representation.
Keep up the good work. Great post.