Medicare and Social Security Questions for a Social Security Lawyer
06/21/09
Q: How long before I am covered for Medicare?
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 you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to 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 waiting period begins at the time you become disabled. In order to receive Medicare coverage for your disability, you are also required to be eligible for social security disability. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. You may want to talk to a social security lawyer for a better idea of the time frame.
Q: The SSA says I am short one credit to apply for disability insurance. What does this mean?
A: The SSA has so much small print and obscure rules that nobody but a social security lawyer could learn them all. 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.
Unfortunately, due to the combination of rules requiring a certain number of credits for people of a certain age, and a certain number of those credits earned in the last 10 years, not meeting the credit requirements is easy. 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. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.
Q: If I have an SSD claim pending, can I still work?
A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. Eligibility doesn't, however, require you not to work at all. If the amount you earn falls below the income limit for "substantial gainful activity," it may not affect your claim. You may want to speak with a social security lawyer to learn more.
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