Medicare and SSD Benefits Questions You Might Ask a Social Security Lawyer
04/05/10
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. If you are under 65 and suffering from a disability, you may also be eligible for Medicare. 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 waiting period begins at the time you become disabled. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. 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). 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: 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. This doesn't necessarily mean, though, that you cannot 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.