Are the Services of a Social Security Attorney Required?

Posted by admin on Oct 24, 2009

Q: When should you submit your application for disability insurance?

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 onset date is the first day you were unable to work due to your condition. The evaluation time for the average initial claim, however, is 3 or 4 months. If you delay submitting your application, you add more time to how long you have to wait to receive your benefits even though you may be eligible. You will be able to receive retroactive benefits, even if you wait to apply. No one can receive benefits for the 5 month waiting period. But the longer you wait to apply, the longer you wait for your first check. A social security attorney can be an invaluable source, if you are having difficulty applying for disability benefits.

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. An individual cannot receive Medicare benefits until two years after the date of onset of the condition plus five months (the waiting period mentioned in the previous question). Those who collect SSI can apply for Medicaid. The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time. An individual in this situation should call the social security claims manager for his particular case to determine eligibility for Medicaid and Medicare. 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. The knowledge and expertise a social security attorney can bring to the hearing process can be invaluable.