Talking to Your Social Security Lawyer about Medicare and SSD

10/28/08

Q: How long will I have to wait to receive Medicare coverage?

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 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.

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. 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. You may want to talk to a social security lawyer for a better idea of the time frame.

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). 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 10 year rolling period should end when the SSA deems your disability to have started.

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. Any social security lawyer or advocate can tell you to expect this to happen if you haven'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 salary you earn with your work falls below a certain limit (which is set annually but the SSA), you may still be approved for benefits. Talk to a social security lawyer or advocate for details.

Try this