Q: How long do you have to be out of work before you can apply for social security disability benefits?
A: It is the most advantageous to apply for benefits as soon as possible after the onset of your condition. If you are approved, you are not eligible to receive benefits until after a 5 month waiting period from the established date of onset of your condition. The onset date is the first day you were unable to work due to your condition. But the review process for an application takes an average of at least 90 days. If you delay submitting your application, you add more time to how long you have to wait to receive your benefits even though you may be eligible. You will be able to receive retroactive benefits, even if you wait to apply. No one can receive benefits for the 5 month waiting period. Delaying the application simply means that you wait longer for your benefits to begin. A social security attorney can be an invaluable source, if you are having difficulty applying for disability benefits.
Q: Can you receive Medicaid and social security disability?
A: If a claimant receives approval for SSDI (disability insurance), he can apply for Medicare. An individual cannot receive Medicare benefits until two years after the date of onset of the condition plus five months (the waiting period mentioned in the previous question). An individual who receives SSI benefits is eligible to apply for Medicaid. The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time. An individual in this situation should call the social security claims manager for his particular case to determine eligibility for Medicaid and Medicare. A social security attorney can be helpful, if you are having any difficulty understanding why you are eligible for certain benefits and not others or do not know how to apply for benefits.
Q: Is the service of a social security attorney required if you wish to have your case reconsidered?
A: It is not required that you have a social security attorney for any portion of the application process for disability benefits. If your initial application is denied and you plan to appeal for reconsideration, however, you may wish to hire a lawyer. Most cases that are reconsidered are denied and are then appealed to be heard before an administrative judge. Most cases that are approved after they are heard before a judge are represented by a social security attorney. The knowledge and expertise a social security attorney can bring to the hearing process can be invaluable.
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