VA says I am disabled, so why is Social Security denying my Social Security Disability or SSI claim?
It is Social Security's position that VA decisions are not binding upon them. Social Security and VA have similar standards for approving disability claims, but the VA has many partial disability programs. For Social Security disability, one must be totally disabled from any kind of work.
If I am found disabled how far back will Social Security pay benefits?
For Disability Benefits and for Disabled Widow's and Widower's Benefit, the benefits begin five months after the person becomes disabled. Benefits can be paid for up to one year prior to the date of the claim, if the medical records support this. For a Disabled Adult Child, benefits begin as of the onset date, but benefits cannot be paid more than six months prior to the date of the claim.
SSI benefits begin at the start of the month following the date of the claim.
What is the difference between Medicare and Medicaid (TennCare)?
The short answer is that Medicaid is a program for people with limited resources, and Medicare isn't. Many disabled people who get Medicaid get it because they are on Supplemental Security Income (SSI). To get SSI and thereby get Medicaid you have to be poor and disabled. Medicaid does pay for prescription medications. Medicaid can go back up to three months prior to the date of a Medicaid claim. For Medicare it does not matter whether you are rich or poor. If you have been on Disability Insurance Benefits, Disabled Widows or Widowers Benefit or Disabled Adult child Benefits for 24 months you qualify for Medicare. The good thing about Medicare is that it pays doctors at a higher rate than Medicaid. Almost all doctors are happy to take Medicare patients. Medicare does not begin until after a person has been on disability benefits for two years, and it only pays for prescriptions through Medicare Part D.
If Social Security tries to cut off my disability benefits, what can I do?
You should appeal immediately. If you appeal within 10 days after being notified that your disability benefits are being ceased, you can ask that your disability benefits continue while you appeal the decision cutting off your benefits. You may also want to talk with an attorney about representation on your case, but you should file the appeal immediately.
If you need more information about a personal injury matter (car wreck, boating accident, slip and fall, etc.), SSD/SSI matter, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website at www.farmerdreiser.com.