Medicare and SSD Benefits Questions You Might Ask a Social Security Lawyer
Posted by admin on Dec 2, 2008
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. Those that are 65 or older will normally be eligible for Medicare coverage if they’ve worked for ten years or more in a Medicare covered position. Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. But you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to disability.
When they first become disabled, most Medicare applicants who don’t work with a social security lawyer do not realize that they will have to wait at least 24 months before receiving 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. You may want to talk to a social security lawyer for a better idea of the time frame.
Q: According to the Social Security Administration, I am one credit short of the number I need to be eligible for benefits. 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). 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.
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. But it also can happen due to delays in application, or a “disability onset date” which is adjusted by a judge or other official during the application process. In this case, you should speak to a social security lawyer to better understand you options for appeals, etc.
Q: Can I work while I have a claim pending?
A: A social security lawyer will define an SSD eligible disability as one that will prevent you from making a gainful income in your or any other field. Eligibility doesn’t, however, require you not to 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.
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How do these credits work, and how is it possible for me to not have enough when I have worked for years and paid taxes the whole time?
A: When you work and pay Social Security taxes, you earn credits that are used to qualify you for social security benefits. The Social Security service bases the number of credits a person receives on the amount of money they earn and the amount of time they have worked. With each year that passes, the amount of money you need to make in order to earn social security credits rises; in 2008, it is one credit for $1,050 of earnings. You can receive a maximum of four credits annually (which is why credits are also called ‘quarters’), and any credits you earn will remain on your record even during periods in which you’re not working.
In order to qualify for social security benefits, you need to reach a certain number of credits.
8, 1980 will need to have completed a minimum service period, which should amount to either twenty-four continuous months of active duty or the entire period that individual was called for to active duty. Additionally, the veteran must have active service that includes a total of ninety days during one or more periods of war; ninety or more consecutive days, one day of which is during a period of war; or at least one day of wartime service that results in a discharge for service-connected disability.
• Discharge- To be eligible for benefits from the Department of Veteran Affairs, your discharge from the military needs to have been under non-dishonorable circumstances.
The Requirements for Service Connected Benefits
Eligibility for service-connected benefits, differently from non-service-connected benefits, is not dependant on a veteran having done wartime service or meeting a net worth or income level. Rather, you will be required to prove the source and current condition of your disability using:
• Proof of your current disability- Because benefits for a service-connected disability are awarded only to those with a current disability, an applicant for these benefits must provide recent medical records diagnosing the current state of their disability.
For most recipients, this conversion requires little or no effort. Consult the Social Security Administration or talk to a lawyer for information about transferring from social security disability to retirement.
Q: Is it true that everybody’s social security disability claim gets denied the first time?
A: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. In truth, the SSA has no rule in place that directs them to deny all first claims. One the other hand, it is also true that first claims are denied quite often, and that the highest success rate with social security disability claims is in appeals, not on first application.
If you are applying or plan to apply for Social Security benefits, it is very important to regularly see a doctor; even if the visits do nothing for your condition. During each visit, assure that your doctor documents your symptoms and your condition. The more supporting evidence found in your medical records, the greater your chance of being approved for Social Security benefits.
Q: My disability allows me to work, but I cannot earn the same amount of money I did before. Am I allowed to apply for social security benefits?
A: Yes, you can still file for Social Security benefits.
The state agency takes into account applicants’ health, age, experience, and education when evaluating which jobs they are suited to do. If you would be able to support yourself if you switched to a better job, training and job search assistance are available
Many applicants are confused and annoyed by their social security agents’ request to continue seeing doctors even after they have doctors’ statements that there is no available medical treatment for the applicant’s condition. If this is what you are dealing with right now, there is an explanation! First, your regular doctors may not be able to provide all of the information the state agency needs to evaluate your case. The agency will arrange for you to see a doctor who has the specialized experience or equipment necessary to complete the examination. The examination is part of your case evaluation, not a part of your treatment plan.
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Many people find it quite frustrating to be out of work and unable to claim their benefits, but the severe backlog of Social Security cases is the cause of all this. Social Security cases are typically processed on a first come, first served basis, which means that you have no choice but to wait it out. 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.
It is interesting to note that even if a Social Security Disability lawyer cannot help you get a hearing with an administrative law judge sooner, a good one can work wonders for your case even before you get 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.
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Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you cannot attend the scheduled examination, contact your social security disability examiner and reschedule. The exam is paid for by the Social Security Administration.
Q: Who will perform a CE requested by the Social Security Administration?
A; A consultative examination is almost never provided by the doctor who currently provides your care. The examination is normally conducted by a physician who has not treated you for the current injury or condition.
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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. A social security lawyer can speed up the appeal process and get you your benefits in a shorter period of time.
It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times. Many social security lawyers have had difficulties with clients that do not fulfill the terms of the medical requirement prescribed by their doctor. This may result in you being denied your benefits entirely.
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If you need help moving to a better job that would enable you to support yourself, assistance is available.
Many applicants are told by their doctors that there is no further treatment for their condition, but their social security agents ask them to continue visiting doctors. If this is what you are dealing with right now, there is an explanation! First, your regular doctors may not be able to provide all of the information the state agency needs to evaluate your case. The agency will arrange for you to see a doctor who has the specialized experience or equipment necessary to complete the examination. The examination is part of your case evaluation, not a part of your treatment plan.
Q: Should you be worried if Social Security is reviewing your disability claim and you currently receive social security benefits through the program?
A: Social Security regularly reviews all disability cases that receive benefits. Ideally, the agency is supposed to do that every 1, 3 and 7 years. Since there can be a backlog of cases, the reviews may not happen for a year or two after they are supposed to. That is why you hear of some cases that have not been reviewed for years after initial approval. You should not worry if you have been notified that your file is undergoing a continuing disability review.
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Q: When is it recommended to submit an application for disability benefits with the Social Security Administration?
A: You should apply for benefits as soon as you become unable to work due to your injury. It can often take 6 or more months for your application to be completed. That is why you should apply for benefits as soon as possible. If your application is denied, you will probably want to appeal, which adds more time to the process. If you have any questions or concerns about the application process, you may want to contact a social security attorney.
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