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For Those Of You Approved For Ssd


lalalisa
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Hello,

After 2 and 1/2 years and a court hearing I've been approved for Social Security insurance benefits. (I posted this good news about a month ago) The paperwork that I got in the mail that says that the judge gave me a "fully favorable decision" says that I should receive my benefits information within 60 days. My lawyer told me not to wait 60 days but to go to the SS office and ask for my benefit information. I followed her advice and was, from what I can figure out, told some things that were inaccurate while there.

I was told that:

1. I needed to go back home and wait for the information to come in the mail.

2. That if the information didn't come I should come back and ask for my benefits.

3. That I will now need to wait 2 years until my Medicare benefits will "kick in" (what?)

I questioned the information repeatedly and decided to leave. I called my lawyer and she told me I should have asked for this person's supervisor. (I will definitely do this next time this happens)

As you guys know - trips to the SS office with the long waits, etc. are extremely draining physically. I guess I am just wondering what others experiences have been with receiving Medicare benefits. Did the information come in the mail? It will be 60 on April 22nd and I'm guessing I'll be heading back to the SS office again.

Thanks for any input!

Lisa B)

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Putting on my social security wizard hat:

Medicare benefits begin 24 months after the established date of onset.

I should point out that attorneys are very happy that there are delays in decisions...they really like hearings where the backlogs can be some 2 years. Why do they like it: I believe they can charge/receive 25% of past due benefits. Delays mean more $$$$ for the lawyers.

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Remember there is a six month waiting period between onset date (date of disability) and the date you become "eligible" for SSDI. Medicare starts 2 years after your DATE OF ELIGIBILITY. For example my onset was dated Jan. 1, 2003 with SSDI becoming effective 6 months past this date- June 1, 2003 and Medicare kicked in two years after this date which means June 1, 2005 I became eligible for Medicare. Although you were disabled for the initial six months- you receive no benefits for that time because it is the government's thought (however, inaccurate it may be) most people can deal with short term disability (six months or less) with personal savings or employer's disability.

The Social Security office is actually correct- just wait it out at this point. Chances are it will take far less than 60 days for your benefits to kick in. You will receive information in the mail- however, if you have your benefits set up to be direct deposited you may get your back pay check in the bank before you get any written info.

Regarding attorneys fee, I may be wrong but I do not believe they continue to accumulate fees while you are waiting for your money. In fact, they can only receive 25% or up to a certain amount (something like $6,000- whichever is more). This is determined by the Commissioner of Social Security- I just went and pulled up my old paperwork. I believe the paperwork you sign giving the attorney their fee must be approved by the Judge (I know it was in my case) and they are very specific guidelines about how much the attorneys can make off disability. So, just because you are waiting for your money does not mean they are making more money, necessarily.

Hope this helps-

Carmen

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Hello,

So is the "date of onset" the date when I became sick? (this was over 5 years ago for me - so I should now be eligible, correct?)

It's encouraging to hear that they may start my benefits even before I get the information in the mail, thanks.

Lisa

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It's retro active back to the date you state you filed it as becoming disabled. So, if you became disabled 5 years ago, but didn't file till 2 1/2 years ago, with the date being 2 1/2 years ago, it will only go back that far. There was a specific date you put in for the day you became disabled. Mine was March 18, 2003. I only remember this because it was my sister's birthday and the day of my ablation.

I was accepted on my first try, but got nothing for the six month waiting period I had to go through and my first check came the seventh month, in the last week, because my birthday is the last week of the month. So, it was a full 7 months and my first check was the monthly income I was going to receive. I am guessing the lawyer may get first dibs at the 25% he's going to get and then you will get yours.

If you are married or filing taxes jointly or anything, watch for taxes. Your SSDI is taxed and if you make too much with a partner or on your own, you can end up paying at tax time. It all depends on your income and how you file.

Medicare comes automatically in two years from the date you get approved. I got approved in August, got my first check in September and medicare started in September 2 years later. If you are really low income, you may be able to get SSI benefits, which include medicaid, not to be confused with medicare. But it's all so confusing. I have mine (ssdi check) as a direct deposit and it is always there the fourth Wednesday of the month.

Hope I didn't confuse you more. Most lawyers will have you sign a paper that says they get their share before you see anything. But I would think it would only be a month or two, and after 2 1/2 years, I guess they think that's nuthin.....morgan

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My attorney sent me some valuable information when I was approved for SSDI 3 years ago.

Here are some of the questions she answered:

"Do I have to do anything such as visit the Social Security Office or complete some forms in order to get paid?" No. It is automatic for your benefits. If you have children who were under the age 18 (or under the age 19 and still in high school) at any time after your "date of entitlement", it will be necessary to put in an application for them to receive benefits; but your own benefits will still be processed automatically. Social Security disability benefits for most people are processed in Baltimore, MD. Benefits of those people who are over age 55 are processed in regional payment centers.

"How long will it take for SSA to pay me?"

As a rule, it takes one to two months for back benefits to be paid and monthly benefits to begin in a social security disability case in which no SSI application was ever filed. (When there is SSI involved, it takes considerably longer). But these are only general rules. In some cases, it takes as long as three months for back benefits to be paid. When it takes more than 90 days for back benefits to be paid in a SSDI case, it may mean that there has been a bureaucratic mix- up somewhere in the system.

"Will I receive a notice from SSA explaining my benefits?"

Yes. That notice is usually called a Notice of Award. This notice will show the "date of entitlement" and the amounts of benefits for all months of back benefits. It will show the total amount of benefits payable to you. It will tell you when you will receive your money each month. It will show the amount of benefits withheld for direct payment of attorney's fees. It may also give you information about your Medicare eligibility and monthly Medicare premium. It may also give you information about when to expect a "continuing disability review".

"When will I get the Notice of Award?"

The Notice of Award will come around the time that you receive your check for past-due benefits. It often comes after you receive your check for past-due benefits.

My attorney was a former nurse and did a fantastic job of addressing potential questions. If any of you have any other questions about the SSDI process, I will be glad to post the answers she mailed me. These are her answers, not mine- but I will say that she hit the nail on the head with me. Everything went exactly as she said it would.

Hope this helps-

Carmen

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Thanks for all of your help, I really appreciate it!

Carmen, thanks for taking the time to include the information from your attorney - very helpful!!

Thanks again,

Lisa

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