SSDI

As a Social Security Disability attorney, I understand that mental disabilities are always a tricky subject when it comes to getting Social Security Disability. There are numerous issues concerning the definitions of quite a few conditions and many judges will simply deny that certain disabilities even exist if they aren’t clearly listed.

This often leaves people who are truly in need of assistance waiting until the necessary updates are made so that their issues are recognized. But there’s another way that these types of problems can be tricky, too which concerns what medication you’re on, how they works, and how you’re taking them.

People considering filing a disability claim often have a ton of Social Security questions about Medicare and what kind of health insurance they can get.

The problem, as any Social Security Disability attorney can tell you, is that disabled individuals are often left uncovered due to the excessive waiting periods to get on government programs. For Medicare, there’s a 24-month waiting period but that’s not the end. You also have a 5-month wait for Social Security Disability Insurance. That’s just under two and a half years without health insurance!

How can someone make sure that they are covered during this time? Unfortunately, options are extremely limited.

The Social Security Disability system is vital to disabled workers as it is frequently the only financial and medical resource that allows them to survive. The benefits of winning a SSD claim include not only monthly benefits but also eventually eligibility for Medicare.
What is My Eligibility for Medicare?

Medicare eligibility begins after you have received 24 months of social security disability benefits. Please note that to receive Part B of Medicare (which pays for doctor visits), you pay a premium that will be deducted from your social security disability monthly check.

Determining Social Security Disability – Step 5 Can Claimant Perform Other Available Work? The Social Security Disability sequential evaluation uses a five step process to determine if an individual is disabled. In the Part 6 of our blog series, we look at whether or not you are capable of performing other available work, which is the final stage of the Five-Step Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits under the Social Security Act. The issue is further explained in our free downloadable e-book, The Social Security Disability Puzzle.

Determining Social Security Disability – Step 4 Past Relevant Work

The Social Security Disability sequential evaluation uses a five step process to determine if an individual is disabled. In part 5 of our six-part blog series, we look at whether or not you are capable of performing past relevant work, which is Step 4 of the Five-Step Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits under the Social Security Act.

Social Security Disability claims are evaluated using a Five-Step Sequential Evaluation process defined in the Code of Federal Regulations. In part 2 of our six-part blog series, we gave an overview of Step 1 of the Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits under the Social Security Act. At Step 1, the SSA determines whether a claimant is working at the Substantial Gainful Activity level. Today we review step 2 of the process – Determining whether the claimant has a severe impairment?

Social Security Disability benefits can be paid retroactively up to 12 months prior to a claimant’s application date if all requirements are met. SSI benefits however are not retroactively paid before the date of the application; in other words, there is no retroactive effect of an SSI application.

For SSI applications there is an effective waiting period until the first of the next month after all requirements are met before benefits begin. For social security disability there is a five month waiting period after the onset date, the date disability began, during which no social security disability benefits are payable. Because only full months are counted, the actual waiting period is nearly always more than five months. Only when a person becomes disabled on the first day of the month is the waiting period exactly five months.

Social Security Disability Insurance Eligibility Requirements-Quarters of Coverage

The social security program for workers functions like an insurance plan. There are requirements that a claimant for disability insurance must have: 1) Contributed to the program (paid social security taxes) over a sufficiently long period to be fully insured and 2) Contributed to the program recently enough to have disability insured status. In short, a worker must have paid social security taxes in order to be insured, just like paying the premiums for a private insurance policy. After stopping work (and therefore no longer paying social security taxes), there will come a time when the claimant’s insured status will lapse, just like with a private insurance policy.