Are the Services of a Social Security Attorney Required?

11/28/09

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. 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. 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. 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: 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. The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time. 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: You do not need a social security attorney to apply for disability insurance, have your case reconsidered or appeal for a hearing. 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. A fair number of claims that are filed for reconsideration are not approved and must be appealed to go before a hearing. 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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