Disability attorney

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. 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. 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.

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. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. 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: According to the Social Security Administration, I am one credit short of the number I need to be eligible for benefits. What should I do?

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 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. 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: If I have an SSD claim pending, can I still work?

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. You may want to speak with a social security lawyer to learn more.

Do you qualify for social security benefits? Picking through the convoluted regulations can be deeply frustrating, and when you are done, you may have no better idea than before whether you qualify for benefits. These frequently asked questions will clarify which disability benefits you are eligible for, and how far your benefits will stretch.

Does SSA offer partial disability benefits?

No, Social Security does not offer disability benefits to people with partial or short term disabilities. 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 people who qualify for disability benefits may collect benefits while working as long as their maximum possible income is lower than a SSA determined income cap.)

Although I am still working, I cannot work the same hours or skill level that I used to, and my income has dropped as a result. Is it still possible for me to file for social security benefits?

Yes, you can file for disability benefits if you are making less than a certain amount per month, averaged over a full year. Social Security changes the maximum income level yearly. You can find the current limit in the official SSA web site or in official SSA booklets.

However, be aware that your earnings in your current job are not the only earnings the state agency will take into account. If you are capable of earning a higher income by changing to another job, you will not be approved for disability benefits. The state agency will take into account your medical condition, education, skills, work experience, and age when determining whether you could move to another job, so you will not be required to do work that you are not well enough to do or that you have not been trained to do.

According to my doctors, there are no effective treatments for my condition, so why do I have to continue to make office visits?

When you first file for social security benefits, the state agency that manages your case will need a complete evaluation of your health, a process that may require repeated doctors’ visits. The doctors you usually go to may not be able to provide enough information; for example, you may need tests or equipment that your doctor does not have. In that case, the state agency may arrange for you to be examined by another doctor.

Once you are determined to be disabled, you will need regular examinations to determine the progress of your medical condition. Because not all disabling medical conditions are permanent, your health may improve enough for you to work even without active medical care.