If you win your claim for Social Security disability insurance (SSDI), you are also eligible to receive Medicare benefits. But, you don’t get Medicaid right away, with some exceptions, you have to be “in pay status” for 24 months before you become eligible for Medicaid.
That means you have to be receiving 24 months of Social Security disability insurance to get Medicare.
Another two years? I just waited two years to get my case approved.
Fortunately, Social Security considers your back benefits when they count the 24 months. So, if Social Security 24 months of back Social Security disability insurance, you are already “in pay status” for 24 months, and you can get Medicare now.
Aren’t there any exceptions to the 24 month Medicare waiting period?
Only two. If you have one of the following conditions, the waiting period does not apply and you can get Medicare immediately:
End stage renal disease.
Amyotrophic lateral sclerosis (ALS, or Lour Gehrig’s disease).
We have written about service dogs for children with autism and mentioned two groups which provide training: 4PawsforAbility and Guiding Eyes. The response has been amazing! A lot of people want to learn more about these programs.
I previously wrote about the various exceptions which may allow you to keep your Social Security disability benefits even if you return to work. The most common of these is an Unsuccessful Work Attempt (UWA).
If you work for 6 months or less at a substantial gainful activity (SGA) level, your work may qualify as an Unsuccessful Work Attempt and not affect your application for benefits (or your current Social Security disability benefits if you have already won your case).
Alright! Dean Kamen’s prosthetic “Luke” arm is one step closer to helping amputess, especially injured veterans:
Last week, VA announced the start of a three-year clinical trial that represents the first large-scale testing of the arm, a critical step before it can be made widely available. The first patient was fitted with an arm in April.
The device was developed by Deka Research and Development, the New Hampshire company whose founder, Dean Kamen, invented the Segway and various medical devices.
The robotic arm, nicknamed the “Luke arm” after the artificial arm worn by Luke Skywalker in the “Star Wars” films, allows those who have lost a limb up to their shoulder joint to perform movements while reaching over their head, a previously impossible maneuver for people with a prosthetic arm.
Attorney Anthony Reeves writes about what to do and not to do when applying for Social Security disability benefits for a seizure disorder (whether due to epilepsy or pseudo-seizures).
Most people think that epilepsy is so traumatic that an individual should be approved fairly easily. Due to its unpredictability, the symptoms can affect you in a variety of different ways. Despite the severity of this condition, it is difficult to demonstrate that the condition can prevent from performing work on a full time basis.
Anthony provides a list of 5 things you should do to improve your chances of winning:
Track how often you have seizures.
Take your medications.
Track your after-effects.
Track your restrictions.
Don’t minimize or exaggerate your symptoms.
These are great tips and I encourage everyone to read Anthony’s article on this topic.
Social Security has opened a National Hearing Center (NHC) in Albuquerque New Mexico. This is Social Security’s second NHC — a hearing office which only handles video hearings.
Albuquerque initially will hear disability cases for Kansas City and Portland, Oregon — two of the most backlogged offices in the US. Social Security’s first NHC, located in Falls Church, Virginia, opened in December 2007 and has contributed to improve processing times in Atlanta, Georgia, Cleveland, Ohio and Flint, Michigan.
A “fee petition” is a way your lawyer asks Social Security for fees for his services.
I though attorneys were paid a percentage of what I get?
Percentage-based contingency fee agreements are the most common way attorneys get paid in Slocial Security cases. However there are two ways an attorney might get paid.
Fee agreements based on a percentage of back benefits:
If you win, the attorney gets 25% of your back benefits up to a $6,000 cap (this is an increase from the $5,300 cap in effect before June 2009). The 25% or $6,000 is a standard fee agreement that Social Security will almost always approve if the case is won and results in back benefits.
Fee agreements based on a fee petition:
This is the wild west of fee agreements. Your attorney has to itemize his time and ask Social Security to be paid a certain amount. Social Security will approve whatever it sees fit, which may be more or less than $6,000.
When are fee petitions used?
Typically, fee petitions are required when the attorney works on an overpayment case. However, they are also necessary you hired two attorneys and the first attorney has not withdrawn or has not waived fees. This often comes up when a person has moved and had to hire a new attorney.
Fee petitions are also used if a person disagrees with Social Security approving the standard 25% fee agreement. If that happens, the attorney must petition Social Security to have his or her fees approved.