Wednesday, May 6, 2009

When Do I Begin to Recieve My Cash Benefits?

My clients are often surprised to hear that they are not eligible to begin receiving their social security cash benefits until approximately 6 months AFTER they are determined to be disabled. If I’m found disabled why is there any reason to make me wait, they often ask. I am at a lost to answer this question as are those who have been representing claimants for decades.

After an individual is approved for Disability Insurance Benefits under Title II of the Social Security Act, they encounter two waiting periods. First, there is a five month waiting period until cash benefits are paid. The five months, however is more like a six month waiting period in actuality since the five months must be full months. In addition benefits for your first month of disability eligibility are not paid until after the month has ended. For example if you become disabled on January 2, 2008 you cannot count January as one of the five months. The date of first entitlement to cash benefits would be July 2008, but the check would not arrive until sometime in August 2008. In this extreme example, your waiting period is almost seven months.

The second waiting period is for Medicare benefits. This is a 24 month waiting period after the entitlement to cash benefits begins. Thus, the claimant who became disabled on January 2, 2008 would not become eligible for Medicare until July 2010.

The million dollar question is why must they suffer financially during these waiting periods when they are deemed disabled? Clearly there must be some rational explanation. Don’t look for a rational basis or logic when dealing with this issue as you won’t find it! Clients often ask why they have to endure these waiting periods. What is the rationale behind it? Many authors and experts believe that the waiting periods simply save money and I have to agree with their assessment, but it doesn’t make it right!