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Attorney Fee Misconceptions

It’s probably safe to say that filing for social security disability is one of the most difficult things you can do. It likely ranks up there with marriage and moving as the most stressful things a person may take on in their life. Unlike a move or getting married, there is a lot of uncertainty that comes with pursuing a claim for social security. This is especially true if an individual has filed a claim and can’t work because of their disability. You’re looking at months without an income, and you may be nervous about how you will pay your bills. We understand that difficulty. We’ve been representing clients for more than 20 years. And unfortunately, we have seen the wait for benefits increase.

As a law firm, we work hard to get our clients their benefits as quickly as possible. Unfortunately, we can’t speed up the process. It’s beyond our control. However, since our compensation is based on back pay, some people assume that we will drag a case out to make more money. That’s not true. In all honestly, it makes a lot more sense for us to get our clients approved as quickly as possible. Let’s look at a few reasons why it makes no sense for us to wait.

  1. Our fee is a contingency fee. Simply, a contingency fee means that we only win if you get approved. So, the quicker we get a client of ours approved, the quicker we get paid. However, if we are not successful in your case, we don’t charge any attorney fees. So, if we aren’t successful, we will lose money on your case.
  2. There is a cap on the amount we can receive. For social security, the cap is 25% or $6,000 for cases at the administrative level. (We receive the lesser amount of the two.) So, in other words, at a certain point, It would make no sense for us to make a case last longer. If we were to make a case last longer intentionally, it would be of no benefit to us. Most people don’t see the amount of work that actually goes into a case. Keep in mind, the longer a case goes on, the longer we have to pay employees to request records, review files, and manage cases. So, if you consider overhead, we actually have a lot invested in each case.
  3. In other fields, attorneys charge by the hour, and they charge a lot. If we were to charge by the hour for our cases, the amount would far exceed what we charge with our contingency fee. So, once again, it makes more sense for us to get our clients approved as quickly as possible.
  4. The big elephant in the room regarding a law firm purposely waiting for a client’s case to enhance their back pay is unethical. As a law firm, we are subject to review under the West Virginia state bar and ethics committee. If it were true that we were doing this, we would lose our law licenses.

When we went into business 20 years ago, there were countless areas in which we could practice. We chose to focus on social security because we believed that there were a lot of people who needed help getting approved. We are passionate about the law, and we work hard to help people get the benefits they deserve.

If you’d like to know more about our services, of if you’d like to ask us questions about becoming a client, call us today. Our number is 1-877-526-3457. If you can’t talk now, fill out this form, and we will call you at another time.

How Do Auxiliary Benefits Work in Social Security?

Social Security disability is often confusing. Further, there are a ton of special programs and rules that many people don’t realize exist. Recently, while talking Lawyer and Clientwith one of our senior employees, one of these common situations came up. She asked me if I knew anything about “auxiliary benefits.” I must have had a confused look on my face because she immediately started to explain them to me. As I returned to my desk later I realized that if I was confused by this, then surely a lot of our clients were confused by the term too. So, I did what I always do in a situation like this, I turned to Google.

Let’s get the easy part out of the way. What are auxiliary benefits? Essentially, auxiliary benefits are paid to dependent spouses and children of individuals receiving social security.

Who is eligible? This program is only for those individuals pursuing SSDI, not SSI. SSI applicants are not eligible for auxiliary benefits. For a dependent spouse to receive auxiliary benefits, they must be at least 62 years old or have a child who is either under the age of 16 or disabled. For a child to receive auxiliary benefits, they must be a minor (under 18) be found completely disabled before turning 22 or be a high school student under the age of 19.

You may also wonder how much a person will receive when they are granted auxiliary benefits. For the most part, an eligible dependent can receive up to 50% of the disabled person’s benefits. For instance, if a mother was granted SSDI at a rate of $800 per month, her dependent child could likely receive $400 per month. It’s important to note that there is a cap on how much a family can receive. This is referred to as a family maximum. Traditionally, auxiliary benefits are payable to spouses and children of disabled workers.be aware that these benefits are limited. The family maximum for the family of a disabled worker is 85 percent of the worker’s Average Indexed Monthly Earnings (AIME). However, it cannot be less than the worker’s PIA (primary insurance amount) nor more than 150 percent of the PIA.

Auxiliary benefits can be very beneficial for a large family, a single parent, or really anyone with dependents. It’s important to remember that these benefits can be altered if your family size changes. For instance, if you have a child, your benefits may go up. If your child leaves for college or reaches an age higher than the set limit, your benefits may go down.

If you weren’t aware that you could receive auxiliary benefits, or if you did, but need assistance with your claim, give us a call. We’d love to talk to you. Our consultation is free. Just call via our toll-free number, 1-877-526-3457. Or, if you can’t call right now, fill out this form, and we will call you at a better time.

4 Resolutions to Help You Get The Social Security Benefits You Deserve in 2017

It’s a new year and that means that many people are making a lot of New Year’s resolutions. While most people will resolve to lose weight or to save money, it’s Why does Social Security Have a 5 Month Waiting Periodalso a good time to make resolutions for your social security claim too. Now that may seem silly to some, but starting the new year with good habits can help you get a favorable decision. Here are four resolutions to make in 2017 to help your social security claim.

  1. Keep getting treatment. I understand that most of the people reading this blog post hate going to the doctor. I hate going to the doctor too. It’s tough. I believe most people hate it because they fear the unknown or are worried about what news may be delivered. However, neglecting to go to the doctor can mean more issues down the road. When it comes to your social security claim, gaps in treatment can mean an unfavorable decision for your case. Simply put, medical treatment and records are among the most important factors for an individual getting their social security claim approved. Take a moment to think about social security disability in its simplest form. I know that the process is complicated, but think about what it is at its core. Simply, Social Security Disability is a program to aid individuals who have disabilities that no longer allow them to work. To prove you have a disability that prevents you from working, your medical records must show limitations in work-related activities that prevent you from seeking gainful employment for a minimum of 12 months. For that to happen, you must go see a doctor first. Further, it can’t just be once or twice. You need to have consistent treatment.
  2. Keep the SSA and your attorney up to date. Many cases are lost because a client goes missing. Now, these clients do not really go missing, but rather they quit communicating with their representatives and/or social security. If you’re working with a lawyer, you need to let them know when you move, change phone numbers, and have new doctors’ appointments. There are times in a social security case where it may seem as if nothing is happening for months, but then there will be instances in which you’ll need to be contacted multiple times. It’s just the nature of how social security works. If we can’t reach you by phone or through the mail, then we are unable to properly develop your case. In recent years, we’ve made large strides in making communicating with us simple and adaptable. Of course, our clients can call us, but we also make use of an answering service after hours and we have two options for contacting us on our website. Some clients even make use of our Facebook and Twitter profiles to stay in touch with us.
  3. Get organized. This is a tip all of us could stand to benefit from this year. The SSA sends out a lot of paperwork that you should keep in a safe place. There’s also a good chance your doctor sends you a lot of paperwork too. If you’re represented by a firm like Jan Dils, Attorneys at Law, you’ll receive a lot of documents from us as well. Take some time this year to organize all of your documents and records in one place, and make them easy to navigate. It can seem like a daunting task, but you’ll be glad you took the time to do it down the road.
  4. Educate yourself about the process. Social Security is long and complicated. It’s also frustrating. I doubt you’ll get through the process without getting upset a few times. It’s simply the nature of the Social Security disability claims process. If you find yourself in a situation like this, don’t give up. We find that a lot of people get frustrated and then eventually quit pursuing a Social Security claim because they simply don’t understand how it works. Currently, it takes at least 12-18 months to receive a hearing date after requesting one. That does not count all of the time beforehand. That means that many claims last over two years! There are numerous reasons why, but what’s most important is that you know this is likely going to happen to you. Also, you are likely going to be denied. As a firm with over 20 years’ worth of experience, we know this impacts most of the people who file for Social Security. Knowing what to expect ahead of time will better prepare you for the rollercoaster that is the Social Security process. So, how do you prepare? There are a lot of great resources online. The SSA website is a great start, but there are other options. The Jan Dils website features a great blog and many FAQs regarding Social Security. We like to take our clients a step further, To help aid your claim, even more, request a copy of our social security how to guide. There are both physical and electronic copies available.

If you’d like to know more about the types of services we offer, or if you’d like to talk to someone about your social security claim, call us today for a FREE consultation. Our toll-free number is 1-877-526-3457. If you’re not available to chat now, fill out this form so that we may contact you at a later time.

Who Qualifies For Social Security Disability Benefits In West Virginia?

Anyone applying for social security disability benefits in West Virginia will have their submission evaluated by the West Virginia Disability Determination Section. Although this organization solely handles social security disability requests in West Virginia, they are still required to follow federal laws and guidelines, as determined by the Social Security Admission.

As a result, anyone that qualifies for social security disability benefits in another state will still qualify for them in West Virginia and vice versa. In general, an applicant is entitled to social security disability benefits if they are found to be too disabled for any form of prolonged work. An experienced SSDI lawyer can help guide prospective applicants through the process more effectively, but this guide will attempt to look at the different limitations for adult and child applicants.
Adults

When an adult applies for social security disability benefits in West Virginia, the Disability Determination Section will pass the evaluation on to Disability Evaluation Specialist, who will then work on the specific case to determine if the applicant is sufficiently disabled. A person is not considered sufficiently disabled unless they can prove that they are prevented from any meaningful work due to an ongoing physical or mental issue that is expected to continue for at least 12 months. In fact, both West Virginia’s Disability Determination Sector and the Social Security Administration have a list of viable impairments for each major part of the body. By reviewing this list with an SSD lawyer, you can see if your impairment qualifies for social security disability benefits.

Children

Children under the age of 18 that apply for supplemental security income go through a process that is very similar to the one for adults that apply for social security disability insurance benefits. They must still prove that they are medically incapable of performing activities comparable to other children of their age for at least 12 months and that they are otherwise severely limited in their functionality.

Even though the Social Security Administration provides a list of acceptable impairments, this alone does not mean someone’s application will be approved. Evaluation specialists are thorough in reviewing an applicant’s materials and will not hesitate to send a rejection. You can offset this by being thorough in your own application and ensuring that all of your materials have been sufficiently prepared.

 

Reasons Why Your Social Security Disability Application Was Denied

Applying for social security disability can oftentimes be a complicated and stressful process, which makes it all the more confusing and frustrating to discover your social security application has been rejected. Of course, the appeal process gives claimants a second chance to receive their benefits, but it’s far simpler to get things right the first time. With that in mind, this guide will look at a few of the most common mistakes that people make when filing their social security disability application.

Work History

One of the biggest mistakes that people make when applying for social security disability insurance is assuming that their previous work history is sufficient proof that they can no longer work. Even if SSA’s disability evaluation shows that you’re medically prevented from continuing your old line of work, that doesn’t necessarily mean that other work is unavailable to you. If the SSA finds a suitable alternative to your current line of work, then they will reject your application on those grounds.

Paperwork Errors

One of the biggest issues, owing to how complicated the application process has become, is paperwork errors. Given how strict the SSA’s disability evaluation is, they will look for any inconsistencies to deny a request. This doesn’t necessarily mean that you’re not entitled to the reward, but it does sometimes create enough of an obstacle to make people give up immediately. If you’re nervous about any errors when filing your claim, the best thing to do is hire an experienced attorney to look over the paperwork and ensure that everything is as it should be.

Insufficient History

Along a similar vein to the errors made during the filing process, an insufficient work or medical history is yet another way in which the SSA can deny social security application. If you want to ensure that all of your information is adequately prepared beforehand, you’ll want to contact an SSDI representative and make sure your records include everything they’ll need for the SSA evaluation.

While these are just a few of the most common mistakes that people make when filing their application, the most important thing to remember is that you have plenty of opportunities to appeal any rejection. Of course, if you want the best chance for success, you’ll want an experienced professional to help you avoid the appeal process altogether.

 

What Are The Benefits Of Social Security Disability Insurance in West Virginia?

In the United States, there are two federal programs designed to provide people with a monetary safety net that protects them if they are too impaired to provide for themselves. These programs come in the form of social security disability insurance and supplemental security income. Although they sound similar, they are still distinct enough to serve as two separate programs. Whereas social security disability insurance is designed for people that have worked long enough and paid enough taxes to qualify for aid, supplemental security income is instead assigned based on demonstrated need.
Applying for these programs is similar across each state, but West Virginia has developed a particular reputation for rejecting applications at a rate far above the national average. While a West Virginia SSI attorney can certainly help to ensure that an application survives the claim process, it also helps to have a deeper understanding of these programs and how they work in West Virginia.

What is Social Security Disability Insurance?

Although most people tend to think of social security as being a retirement program, in reality it serves multiple functions. In the case of social security disability insurance in West Virginia, it helps to alleviate the financial strain on people that are incapable of continuing to work.

Unlike other disability programs, federal regulations require that a social security disability insurance recipient be severely limited in their functionality, whether that be due to mental or physical limitations. As a result of this limitation, applicants can not expect to be accepted with a minor impairment or disability as they potentially could with worker’s comp or a similar program.

Applying for Social Security Disability Insurance in West Virginia

In order to begin the claim process in West Virginia, an applicant will need to initially pass two different earnings test. The first earnings test is to prove that an applicant worked for a sufficient period of time before becoming disabled. This period of time is further defined based on when the applicant became disabled. If the impairment began before the applicant turned 24, they must prove that they worked for at least 1.5 years in the 3 year period before they became disabled. For those that became disabled before turning 31, but after 24, they must prove that they worked for at least half of that time leading up to their impairment. Any applicants that became disabled after turning 31 need to simply prove that they worked for at least 5 out of the last 10 years leading up to their disability. It’s worth mentioning that blind applicants are often excused from meeting this test’s requirements.

The second test is a duration of work test, to prove that an applicant worked long enough under social security to be entitled to its benefits. The requirements for this test are a little harder to define, but generally require that a person worked for a certain number of years up to the age of 28. Roughly every 4 years after that, an applicant must have at least an additional year of work in their history.

Anyone that meets these requirements can then submit their work and medical history online at socialsecurity.gov or file a claim with a local social security office. Once the application process has begun, West Virginia’s Disability Determination Services will pass the case on to an evaluation specialist to review all of the case’s associated materials. At this point, they’ll decide to either accept or reject the claim.

If the claim is accepted, the applicant will be entitled to benefits on a monthly basis that are the average of the claimant’s lifetime earnings. In addition to receiving their own benefits, other family members in an applicant’s life may be entitled to the social security disability insurance benefits. This includes any spouse that is older than 62, a spouse of any age that is raising a child younger than 16, and any child that is unmarried and younger than 18.

How to Appeal the Decision

In the case of a rejection, the applicant has 60 days to decide whether or not they wish to pursue an appeal. Once the appeal process has begun, it is not considerably different to the original application process. Assuming nothing of significance has changed between the original and secondary process, the case can then be moved on to a hearing. At this point, a hearing is much more in favor of a claimant ha long as they’ve been keeping proper records at each stage of the process and can prove that they are sufficiently disabled.

What is Supplemental Security Income?

Although the process is very similar to applying for social security disability insurance benefits, supplemental security income is different enough to warrant a separate discussion. Unlike social security disability insurance benefits, applicants seeking supplemental security income do not need to provide proof that they’ve worked for a specific period of time. This is because supplemental security income is not actually derived from social security, but is instead generated from general federal taxes.

Supplemental security income is primarily designed to help adults and children that are incapable of working due to their age, blindness, disability, and also have a general lack of income. It is awarded to successful applicants at maximum monthly rate of $733, which is then adjusted based on the federally calculated cost of living. From this base income, additional payments can be added at each state’s discretion. In the case of West Virginia, no additional payments are awarded to supplemental security income. It’s also important to remember that the base value does not include subtractions from other benefits programs, or any other subtractions that can result from a recipient’s countable income.

Applying for Supplemental Security Income in West Virginia

The supplemental security income application process in West Virginia is not significantly different from its social security disability insurance counterpart. Despite this, it is still recommended that applicants seek out the experience of a professional SSI attorney, as West Virginia is much stricter in its evaluation process than many other states. To help make the application process run more smoothly, the Social Security Administration has a tool that allows applicants to easily see whether their disability will potentially qualify them for benefits.

How to Appeal the Decision

If an appeal has been rejected, it does not necessarily mean that the claim is completely devoid of merit. Oftentimes, small mistakes in the application process can cause the entire claim to be rejected. Applicants that feel their disability is justified will want to quickly rectify any existing errors and then begin the appeal process before 60 days have elapsed since the rejection. As with the social security disability insurance benefits appeal process, it will likely take a claimant’s hearing to prove the validity of the disability before any benefits will be awarded.

Given the way in which they were designed, both social security benefits programs are effective tools for keeping the disabled out of poverty. Unfortunately, they are also open to abuse, which has understandably made it much more difficult to qualify for these programs. Anyone that is legitimately in need of supplemental security income benefits can’t afford to suffer through many months of appeal processes, which is why SSI lawyers try to streamline the process as effectively as possible.

Reasons Why Your Social Security Application Was Denied

Social Security3

Applying for social security can oftentimes be a complicated and stressful process, which makes it all the more confusing and frustrating to discover your social security application has been rejected. Of course, the appeal process gives claimants a second chance to receive their benefits, but it’s far simpler to get things right the first time. With that in mind, this guide will look at a few of the most common mistakes that people make when filing their social security application.

Work History

One of the biggest mistakes that people make when applying for social security disability insurance is assuming that their previous work history is sufficient proof that they can no longer work. Even if SSA’s disability evaluation shows that you’re medically prevented from continuing your old line of work, that doesn’t necessarily mean that other work is unavailable to you. If the SSA finds a suitable alternative to your current line of work, then they will reject your application on those grounds.

Paperwork Errors

One of the biggest issues, owing to how complicated the application process has become, is paperwork errors. Given how strict the SSA’s disability evaluation is, they will look for any inconsistencies to deny a request. This doesn’t necessarily mean that you’re not entitled to the reward, but it does sometimes create enough of an obstacle to make people give up immediately. If you’re nervous about any errors when filing your claim, the best thing to do is hire an experienced attorney to look over the paperwork and ensure that everything is as it should be.

Insufficient Social Security History

Along a similar vein to the errors that simply about during the filing process, an insufficient work or medical history is yet another way in which the SSA can deny social security application. If you want to ensure that all of your information is adequately prepared beforehand, you’ll want to contact an SSDI representative and make sure your records include everything they’ll need for the SSA evaluation.

Types of Social Security Benefits You Are Eligible For In West Virginia

Although West Virginia approves the fewest numbers of social security claims in the country, that doesn’t necessarily mean there aren’t any options for those that need it to carry on with their daily lives. An SSDI attorney can help a person to apply for the appropriate type of social security benefits in West Virginia, but this guide should also help to serve as an educational tool.
social security disability
Social Security Benefits and Supplemental Security Income

Before getting into a detailed look at social security benefits in West Virginia, it’s important to understand that there is a difference between social security benefits and supplemental security income benefits. Perhaps the biggest difference between the two is that supplemental security income is not derived from social security in any way, and is instead derived from general taxes.

The primary purpose of supplemental security income is to help disabled people that do not normally qualify for social security benefits, or who do not have enough income to cover their basic needs and associated costs. Social security benefits, by contrast, can help a person in their retirement or be accessed as a part of a disability claim to provide resources during a tough time period.

In both cases, there is a rigorous process involved in filing a claim. This is especially true for West Virginia, where the burden of proof is particularly high for claimants. Although both social security disability benefits and supplemental security income don’t often resolve in favor of the claimant on the first evaluation, that doesn’t necessarily mean that all hope is lost. In most cases, an SSDI attorney can move the process along until it reaches a Social Security Administration judge. At this point, the claimant can make their case and prove their need directly in front of the judge, who will either rule in favor or against the claimant in a final appeal.

If you think that you’ve been incorrectly rejected from benefits, or simply need help in moving your claim along, then you should seek out an attorney you trust to help you move through each step of the process.

SS Benefits and VA Benefits

VA Benefits

Social Security benefits and VA benefits are similar programs although they are administered very differently. The level of disability is often higher with SSDI or SSI than VA benefits because the Social Security Administration only recognizes total disability, and benefits through the VA are based on disability percentages as assessed by the agency doctors. The process of determining disability for both programs is also different, and a ruling from one benefit agency does not always impact a disability ruling from the other.

However, in many cases the material case facts of one claim can apply in the other claim when certain circumstances exist. While it is possible to receive both benefits simultaneously when the cases qualify, they are still two separate programs with completely different ruling methods. Many times it is a wise investment to retain a West Virginia disability attorney when requesting a disability ruling of either type because the medical evidence can be subjective and different doctors may have different opinions. This situation is usually central to winning a claim for both Social Security and VA benefits.

Qualifying for Social Security Disability Benefits

Applicants for Social Security Disability and/or Supplemental Security Income go through the same process. After the local SSA office assesses eligibility for each program, the claims will be sent to the Disability Determination Section (DDS) which is a state agency responsible for determining disability.  Most applications result in a denial but this denial can be appealed allowing another individual at DDS to make a second decision.

The DDS will review the medical documentation supporting the claims that were listed on your application and your appeal if you were denied. Some medical conditions are on an automatic approval list, but most applicants’ claims do not meet this criteria. In this case, DDS will assess whether your medical conditions prevent you from seeking gainful employment for a minimum of 12 consecutive months. Along with your medical conditions and the limitations they cause, your age and work experience will also be assessed to see if you can easily transition into work.

If you are not successful at the State Level, your attorney can appeal to an Administrative Law Judge (ALJ). Sometimes the ruling of the Veterans Administration can help in persuading the ALJ to rule favorably, but a SSA’s decision is always based on total inability to work with respect to all combined medical conditions. Your disability attorney will know how to address SSA’s rulings with the ALJ.

Qualifying for Veterans Administration Disability Benefits

Authorization for receiving benefits from the VA is a different process than from the SSA. While Social Security only deals with total disability rulings, the VA will consider the injury based on whether it is service-related and then evaluate the severity of the medical problem. When filing a claim for SSDI or SSI the evidence presented by your primary doctor is often considered as expert testimony, even when the administration sends the applicant to an independent doctor for an assessment.

To be eligible for Disability Compensation, the VA doctors will perform an evaluation on the conditions that the veteran claims is service-connected or is already receiving benefits for. Based upon this evaluation and other evidence, the VA will determine a disability rating that is representative by a percentage, which is used to calculate the amount of monetary benefits the Veteran is eligible to receive.

Veterans who apply for VA Pension, which is a program for those with low income may also be scheduled for an examination by a VA doctor. The amount of benefits the Veteran will be eligible for will depend on their current monthly income and other resources. The total amount of financial benefits can vary greatly between VA disability compensation and the VA pension program.

How VA Benefits Impact Supplemental Security Income

In some situations a veteran will be determined totally disabled by the Social Security Administration, but will have insufficient tax records to qualify for Social Security Disability Insurance. These claimants are normally approved for Supplemental Security Income based on financial need. The VA pension program is also needs-based and the ruling from SSA could mean approval for VA pension benefits as well when the veteran can qualify.

The federal government treats VA income just as any other income and the threshold on the amount of money for impact on SSI allowance is very low. Unless the percentage of benefits allowed are under the limit, an award for SSI will probably stop or be lessened when the VA pension benefits are included as income.

The VA benefit allowance provides a disabled veteran to earn considerably more money than those receiving Supplemental Security Income and will usually eliminate a need for SSI.

How VA Benefits Impact Social Security Disability Insurance

Social Security Disability Insurance is not a need-based program. Therefore, an individual receiving VA Disability Compensation benefits can receive Social Security Disability Insurance benefits without being offset.

Retirement Income from VA and Social Security

In many cases a claimant could be eligible for full retirement from both programs. Those who receive VA benefits from a twenty-year military record are entitled to standard VA retirement in addition to Social Security Retirement if they paid enough taxes. These beneficiaries can receive the full amount from both programs simultaneously with no penalty.

It is clear that disability benefit programs can be become complicated legal issues, especially when an individual is applying for both programs at the same time. This is very common after a debilitating accident for a veteran. It is often vital to have an experienced and effective Parkersburg disability lawyer who understands the nuances of how these benefits are determined in both programs, and especially how one program can affect the other.

SSI and Medicaid

In most states if you get approved for Supplemental Security Income you’ll also be approved for Medicaid. This isn’t always the case because Medicaid is a state run program and each state can set their own rules and qualifications.

 

The states that automatically approve SSI recipients for Medicaid are:

 

  • Alabama
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Delaware
  • D.C.
  • Florida
  • Georgia
  • Iowa
  • Indiana
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Mississippi
  • Montana
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Vermont
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

 

In these states with automatic Medicaid enrollment there is no waiting period, so Medicaid benefits will start as soon as SSI benefits kick in.

 

States that do not automatically enroll SSI recipients in Medicaid set their own criteria for Medicaid enrollment. These different criteria typically has different income levels, asset limits, or disability standards than the national standards for SSI.

 

States with different standards are:

 

  • Connecticut
  • Minnesota
  • North Dakota
  • Virgina
  • Hawaii
  • Missouri
  • Ohio
  • Illinois
  • New Hampshire
  • Oklahoma

 

A few other states use the same set of standards for SSI and Medicaid, but still require a separate application for both programs. The standard and qualifications are exactly the same, but the states want to make an individual decision for each Medicaid application.

 

  • Alaska
  • Nebraska
  • Utah
  • Idaho
  • Nevada
  • Kansas
  • Oregon

 

If you qualify for Social Security Disability Insurance (SSDI) you’ll qualify for Medicare instead of Medicaid. Most states have an automatic dual enrollment for SSDI and Medicare. There is a waiting period for Medicare to start. This waiting period takes two years after the disability began. However, since most SSDI cases take around a year or two to be approved there normally isn’t a huge gap of time between SSDI and Medicare benefits.