Are the Services of a Social Security Attorney Required?
Q: When should you submit your application for disability insurance?
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 date of onset is when you had to stop working because of the injury. 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. A claimant is entitled to back payments of benefits. No one can receive benefits for the 5 month waiting period. But the longer you wait to apply, the longer you wait for your first check. If you are confused about when or how to apply for disability insurance, it may be beneficial to speak with a social security attorney.
Q: Is a claimant eligible for Medicaid, while receiving disability benefits?
A: A person who is approved for social security disability insurance (SSDI) is eligible 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. For individuals who receive concurrent benefits from SSDI and SSI for a time, the line between eligibility for Medicaid versus Medicare can get blurry. Those claimants should contact their social security representative to find out more information about applying for Medicare or Medicaid. 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: Do you need a social security attorney if you plan to appeal your claim?
A: It is not required that you have a social security attorney for any portion of the application process for disability benefits. That being said, if your claim is not approved after the initial review process, it would be wise to obtain legal representation if you plan to appeal. 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. It is extremely beneficial to have an advocate like a social security attorney on your side, as the hearing is your last chance to present your case.
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