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It is my understanding that there is no dental coverage with Medicare
The original Medicare does not have dental coverage but there are some Medicare Advantage plans that include it. I never read the details on what all was covered under the dental portion because I chose a plan without it.
My DH filed for SSDI at age 60 or so. He turned 62 before he got a hearing after his case was denied (of course, routine, they just automatically deny it), so he filed for reduced SS benefits because we needed the money coming in. After he finally got a hearing, he was approved for SSDI and received a $600 a month increase in his check plus a check for back payments and Medicare retroactive to when he first filed. So, yes, a person can file for disability that is already receiving SS benefits.
And if you don't think this disability thing is a set-up, SS automatically pays your lawyer (which you have to have to get approved) before they send you your check.
And if you don't think this disability thing is a set-up, SS automatically pays your lawyer (which you have to have to get approved) before they send you your check.
Both statements are incorrect. First, many claimants are approved without an attorney. Second, the reason SSA withheld attorney's fees is because your husband signed an SSA approved agreement that states the attorney only gets paid if the claimant wins and limits the attorney fees to a maximum amount. Had your husband signed a "fee petition" (instead of the agreement approved by Social Security) your husband would have owed the attorney an hourly rate, even if your husband lost his case (as is typical for other legal matters.) Perhaps the amount would have been less than your husband actually paid, perhaps not. Most attorneys opt for the "fee agreement", even if it means they may not get paid, because they know they will get paid if they win and does not require the claimant to come up with a substantial retainer.
It's also a good deal for Social Security as it must approve all fees prior to payment and an agreement that meets the regulatory requirements is easily approved without additional administrative work. The submission of a fee petition requires substantially more administrative work.
Sorry if this post contains more information than anyone needs to know but I couldn't let this one go.
I wonder what the percentage is that get approved without an attorney, and how many years it takes?
(not to derail the thread)
I sure was made to feel like i BETTER get an attorney if i wanted any chance to qualify. I did, and finally got my benefits.
I've seen and heard so many horror stories (and seen a couple first-hand) where people died of cancer before even qualifying (took years). I think things have gotten a bit better though, as my sister has bone cancer and they qualified her pretty quickly and without too many months of waiting.
In my case, I had an attorney, after the denials of the claim, and for the hearing before the Administrative Law Judge. with pre-approval from Social Security. My claim was approved and he received $5000.
I really did not need this Attorney because it was clear that I had problems but he did serve certain purposes that smooth out irregularities and difficulties.
Social Security Attorneys appear at hearings with the same judges over a period of time. They make their money by winning. To do that, they must maintain a good relationship with these Judges. They cannot afford to antagonize a judge that would jeapardize future income in future cases. So, if they consider a client, who is not so disabled, lying or exagerating problems; they certainly are not going to pump up evidence to win the case or do much work--it would be preferable to lose the case. They can refuse to take the case but some attorneys figure, if there is a small chance they will win, so they really do not do much work on the case--nothing to lose, much to gain.
If they see the claimant is indeed very disabled, as with my case, and there is good chance to win, they will do more work, or they will not have to do that much work, because it is so clearly a win that all they have to do is go to the hearing. All they have to do is highlight the issues that were not closely examined and these documents will be submitted to the court, before the hearing. Where there is ample evidence presented, for or against the claim, much is decided befor the hearing.
In my case, the hearing just became a formal necessity of law for the record. There was a employement couselor called in to testfy as my ability to work. The questions and answers were so formalized and precise that I could see the I was going to win my case. The Judge did have some information presented by my attorney before the hearing. He then directed his questions to me, using that information and I could tell that the questions, and the way he asked them, were done to judge in my favor.
I do really think that the Judges do want to help those who for many reasons have been denied a claim and are disabled. They know that some needy claimants just get caught up in the bureaucracy. They will, of course, do their best to ferret out the fraudalent or the claimant who thinks he is disabled but is not.
I have to say that my dealings with Social Security, all through the claim, was professional and courteous. They did help me to do the claim. They followed all regulations. It was not timely but I do not think they just dragged their feet--it was just the nature of a system, under stress. I was initially denied but I never thought they did it maliciously just to keep me off Social Security Disability. I did feel that they were overworked and did not have the time to look at all the evidence closely. However, the purpose of the appeal system is to look further and make a more precise judgement.
Livecontent
Last edited by livecontent; 11-18-2011 at 10:49 AM..
The people i dealt with on the phone with SS were very helpful and nice, they (someone in the office) just lost my birth certificate somehow, and all the forms i sent back signed saying they could contact my doctors
AND - then the paperwork saying i was denied (because they supposedly never received the above items) was sent to my post office box - but in a different town - so i never knew. I dont know where that mail was returned to or WHO ever opened it. And believe me, i fill out my address correctly on EVERYthing, and send items by Certified Mail, as i worked for the postal service for 19 years.
After this, i had already been off work for almost a year (it was VERY clear that i had disabilities) and was down to my last dollar - so i didnt want to wait anymore and try to refile, wait for another denial or appeal or whatever - so after speaking to some people in my union, they suggested it was best to get the attorney and get it going.
Thankfully it didnt take TOO many more months to be awarded my benefits.
(the attorney hardly did a thing... no hearing, sent a letter maybe saying that they were representing me, i did everything else)
Oh, yeah, I know...well, knew...somebody who got approved for SS disability without a lawyer. My nephew-in-law had aggressive prostate cancer that had spread by the time they found it and he got it right away...except he managed to die before he got the first check and they had to send it back.
I'd like to see some real statistics on how many people actually get SS disability without a lawyer and live to collect more than 1 or 2 checks. If it was so easy why are there a blue zillion law offices who do nothing but SS disability cases? Unless you're on your deathbed, you're going to have to get a lawyer.
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