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View Diary: I Lose My Voice Tomorrow (literally) (123 comments)

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  •  How to find out. (2+ / 0-)
    Recommended by:
    FloridaSNMOM, DvCM

    1. If you don't have a recent benefits eligibility explanation from SSA (most Americans get one in the mail every year or two), get one.

    2. Take it to a NOSSCR lawyer. Chantal Harrington in Jacksonville is great: http://www.cjhjaxlaw.com/

    "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

    by HeyMikey on Fri May 11, 2012 at 10:30:31 AM PDT

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    •  Thanks, I'll do that... (1+ / 0-)
      Recommended by:
      DvCM

      and keep my fingers crossed LOL. But if I don't qualify for both, or at least SSI, I'm going to have to wait until I'm disabled long enough that I will back qualify, or until 2014 when I can actually get insurance elsewhere with subsidy and with my pre-existing conditions. I can't let the medicaid lapse, because then I won't live long enough for SSI to go through.

      "Madness! Total and complete madness! This never would've happened if the humans hadn't started fighting one another!" Londo Mollari

      by FloridaSNMOM on Fri May 11, 2012 at 10:41:17 AM PDT

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      •  Still not making sense. (1+ / 0-)
        Recommended by:
        DvCM
        wait until I'm disabled long enough that I will back qualify
        This does not correlate to any principle of Social Security or SSI law that I'm aware of. And I've been practicing Social Security and SSI disability law full-time since 1997.

        I suspect you need legal advice worse than you realize.

        "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

        by HeyMikey on Fri May 11, 2012 at 10:58:55 AM PDT

        [ Parent ]

        •  That very well may be... (1+ / 0-)
          Recommended by:
          DvCM

          The people I contacted through a website, when they called and turned me down, told me that the medicare qualification was from the date of disability, not the date of claim or approval. So it's possible the person I talked to really had no clue.

          "Madness! Total and complete madness! This never would've happened if the humans hadn't started fighting one another!" Londo Mollari

          by FloridaSNMOM on Fri May 11, 2012 at 11:09:03 AM PDT

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          •  Both dates are important. (2+ / 0-)
            Recommended by:
            DvCM, ladybug53

            Medicare: 24 months from beginning of eligibility for cash benefits. Cash benefits eligibility starts 5 months after you became disabled, but no more than 12 months before you apply for DIB. Examples:

            * Joe is perfectly healthy till becoming disabled in a car wreck on day X. He applies for DIB on day X+1. He's approved on day X+2. His cash benefits start 5 months after X. His Medicare starts 29 months after X.

            * Mary becomes disabled on day X but doesn't file her DIB application till X+30 months. She, like Joe, is miraculously approved in 1 day. Cash benefits are payable retroactively a maximum of 12 months before application (that is, X+18 months).  Medicare eligibility begins 24 months after cash benefits eligibility; that is, 12 months after application, or X+42 months.

            There's no waiting period for Medicaid, which comes with SSI. Thus if Mary or Joe is eligible for SSI only, or for both SSI and DIB, they get Medicaid immediately upon approval.

            Note: SSA can decide that you are disabled, but that you became disabled more recently than you claim. I.e., you may apply for disability today and claim you've been disabled for 5 years, but SSA may find that even though you've been sick for 5 years, you weren't sick enough to be disabled till last week. Thus your wait for Medicare turns out to be longer than you anticipated.

            And of course SSA can decide you're not disabled at all, and you fight multiple appeals for years and years.

            Best to you.

            "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

            by HeyMikey on Fri May 11, 2012 at 12:04:02 PM PDT

            [ Parent ]

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