Are the Services of a Social Security Attorney Required?
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by: albert.tobega
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Q: How long do you have to be out of work before you can apply for social security disability benefits?
A: You should submit an application for disability benefits as soon as you become injured. Should your application receive approval, you cannot actually collect your first payment until you are into the sixth month of your injury (social security will determine an "onset" date for your injury). The onset date is the first day you were unable to work due to your condition. The evaluation time for the average initial claim, however, is 3 or 4 months. 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. A claimant is entitled to back payments of benefits. The eligibility waiting period will not be included in those retroactive benefits payments. But the longer you wait to apply, the longer you wait for your first check. A social security attorney can be an invaluable source, if you are having difficulty applying for disability benefits.
Q: Is a claimant eligible for Medicaid, while receiving disability benefits?
A: If a claimant receives approval for SSDI (disability insurance), he can apply for Medicare. Medicare cannot begin until 2 years have past since the onset date of the injury, in addition to the required waiting period (5 months) an individual had to wait to begin receiving SSDI benefits. An individual who receives SSI benefits is eligible to apply for Medicaid. For individuals who receive concurrent benefits from SSDI and SSI for a time, the line between eligibility for Medicaid versus Medicare can get blurry. An individual in this situation should call the social security claims manager for his particular case to determine eligibility for Medicaid and Medicare. If you believe you are eligible for certain benefits and have not been approved, you may wish to seek counsel from a social security attorney.
Q: Is the service of a social security attorney required if you wish to have your case reconsidered?
A: You do not need a social security attorney to apply for disability insurance, have your case reconsidered or appeal for a hearing. 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. Statistically, the majority of claims that receive approval during a hearing process have a social security attorney representing them. The knowledge and expertise a social security attorney can bring to the hearing process can be invaluable.
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