Social Security Disability in California & the two year waiting period for Medicare BenefitsA great many claimants in California go without proper access to medical care at the very time: 1. their condition has become disabling AND 2. they are trying to document their condition for the social security administration (difficult to do if you can't get seen by a doctor and get medical records generated). Here's a quote from emphysema.net: "Before they can get Medicare coverage, people with disabilities must first receive Social Security Disability Insurance (SSDI) for 24 months. But SSDI generally does not begin until five months after an individual's disability has been certified. As a result, people with disabilities face three consecutive waiting periods prior to getting health coverage: (1) a determination of SSDI approval from the Social Security Administration; (2) a five-month waiting period to receive SSDI; and, (3) another 24-month waiting period to get Medicare coverage" The quoted information is essentially accurate, but it's still potentially misleading to say that you actually wait 5 months for benefits and it's misleading also to refer to the medicare situation as a "two year wait" because in some cases by the time a person has been approved for disability benefits, the two year requirement for medicare will already have been served. How is this? Well, here's how it works: when you file for disability, you allege an onset date for your disability. That is, you state when you think you became disabled. This is called AOD, or alleged onset date. If you get approved for disability, you're given an EOD, or established onset date. This is the date on which it is determined that your disability actually began (according to the medical records). Resources: 1. Social Security Disability Medicare Health Coverage 2. Do I automatically get Medicare if I'm approved for disability? 3. If you are applying for Social Security Disability when does Medicare start? 4. Disability and Medicare- how does it work? Do you get disability benefits starting with your EOD? If your disability claim was for SSI, yes. If your disability claim was for SSDI (Social Security Disability insurance), the answer is no. Social Security Disability claims are subject to a five month waiting period. That does not mean that you "wait" five months for benefits. It simply means that the social security administration confiscates (what else would you call it) five months of your benefits. So, Social Security Disability benefits (remember, we're talking about SSDI, not SSI) begin five months after your established onset date, or EOD. This is called your date of eligibility. But you don't actually do any waiting. They simply rob you of five months of your benefits. When does medicare start for a Social Security Disability recipient? Medicare starts two years after the date of eligibility, which is your date of entitlement. Now to address an issue that can be confusing, if things aren't already. In some cases, depending on the claimant's established onset date, they will have to wait 2 years before receiving medicare. But...in other cases, if the onset date is pushed back, or established, far enough back, the two year period will already have been served by the time a Social Security Disability claimant's case has been approved. This is one reason why it can be important to have representation at a disability hearing----to get the most favorable onset date possible. Now (another potentially confusing wrinkle), how far back the onset can be established will depend on when a Social Security Disability claimant filed an application. This is a limiting factor; however, SSDI benefits can be paid 12 months retroactive to the date of an SSDI application. Also, if the medical evidence warrants, earlier applications for SSDI benefits that were filed by a claimant can be "reopened". Aain, another reason to consider representation at the hearing level, since a competent and qualified claimant's representative (attorney or non attorney) will get for their client the best outcome possible---in other words a disability rep who's worth anything will work (via argument and obtaining the records) to not only win a claimant's case, but also establish the earliest possible onset date. Because "onset" doesn't affect just the size of the backpayment, it can affect medical coverage. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Filing for disability in California How do I Apply for Disability Benefits in California How long should you wait before you apply for disability? SSD and SSI applications in California What do you do if your California disability claim is denied? Do you file for your children when you apply for disability in California? Should you apply for disability in California after a denial? How long does a disability case take in California After you file for disability in California Filing for disability in California and your condition Filing a disability claim in California, long filing process The California disability process Do I need to be disabled a year in California to get disability? The Social Security Disability process in California California Disability determination process Disability approval criteria in California California Social Security Disability decisions Steps to Win Social Security Disability benefits in California Questions about disability in California How much can you make in California and still apply for disability? California Social Security Back Pay Can Disability benefits be garnished in California? Disability two year medicare waiting period in California California review of Social Security Disability claim California Social Security Disability status VA disability and California Social Security Disability Can a Congressman in California help on a disability case How do examiners make disability decisions in California? Applying for disability benefits in California How long does disability take in California? How long does it take to get a decision on a disability case in California? Why do disability claims take so long in California? How Long Will It Take To Get My Disability Decision If I Appeal in California? Disability claims in California with certain conditions Applying For Disability On the Basis of Back Pain in California Filing for Disability with Fibromyalgia in California Social Security Disability For Mental Illness in California Winning California disability Will a lawyer improve the chance to win disability in California? Getting approved for disability in California Winning disability in California California Disability Lawyers and Representation Getting a disability attorney in California Finding a new disability attorney in California Applying for SSI in California Filing for SSI disability in California SSI disability denied in California Are SSI claims in California denied more than SSDI claims? How to apply for SSI Disability in California Doctors, medical records, and medical exams Doctors and applying for disability in California Can you be turned down for disability in California if your doctor says you are disabled? Disability hearings in California Disability Hearings in California California quick disability hearing How do I win my Social Security Disability Hearing in California? How long does it take to get a disability hearing in California? Disability denials in California Disability Denied in California If a disability claim is denied in California Appealing a Social Security Disability denial in California If you get denied Social Security Disability in California Why are Most Disability Cases Denied in California? Getting approved or denied for disability in California Disability appeals in California How do you file a disability appeal in California? How many disability appeals do you get in California? If your California disability appeal is denied, can you get another appeal? If your disability reconsideration is denied in California Filing a reconsideration appeal in California Why was I denied disability in California? Qualifying for disability in California Qualifying for disability in California Qualify for SSD in California Will I Qualify For Disability Benefits in California? Disability lawyers in California Using a Social Security Disability Attorney in California Cost of a California disability attorney Why do disability lawyers in California sometimes not take cases? Hiring a Disability Lawyer in California Social Security Disability Attorney Fees In California How do Disability Lawyers in California get paid their fees? Should you get a disability lawyer before you get denied in California? Lawyer for a disability hearing in California Why was I denied disability in California? |