SSDI Waiting Periods

Proposed Changes to Five (5) Month Waiting Period for SSDI Benefits for Terminally Claimant's

Senator Mike Enzi, a Republican in Wyoming, and Democrat, Sherrod Brown, of Ohio, have introduced a Bill to expedite the payment of SSDI benefits to terminally ill individuals by eliminating the five (5) month waiting period.  The legislation, commonly referred to as S. 1311, has been referred to the Senate Finance Committee for consideration.  

In all Social Security disability cases currently, no matter what the medical diagnosis of the claimant, the individuals must wait five (5) months before receiving benefits under the Act.  This rule is particularly harsh for those who are terminally ill in that they may never receive benefits from the Social Security Administration.  

In the past, we have represented clients that have had these types of disabilities, such as cancer and leukemia who have paid into the Social Security system over a number of years and due to the five (5) month waiting period receive no benefits whatsoever from the Federal Government.  

Also, in cases where an individual has filed for disability benefits and has received an award of Social Security disability, they must wait for two (2) years from their entitlement  date to reach Medicare eligibility.  This, like the five (5) month waiting period, acts as an unreasonable hardship on terminally ill individuals.  Unfortunately, the only two recognized exceptions to this rule has been for those claimant's who are undergoing kidney failure or have been diagnosed with ALS.

I think it would be reasonable to expand those individuals who are immediately entitled to Medicare coverage to all terminally ill individuals by eliminating the two (2) year waiting period for Medicare so that not only would the individuals be entitled to get paid benefits under the Social Security Act, that they may have some insurance coverage, via Medicare, to pay for their astronomical medical expenses.

No Comments

Leave a comment
Comment Information
Get In Touch Today

Get In Touch Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

map-img

Our Practice Range

Serving Southwestern Pennsylvania with offices in Westmoreland, Allegheny, and Blair Counties.

  • Super Lawyers
  • Best Lawyers
  • AV Preeminent
  • WILG
  • NOVA
  • NOSSCR
address-1

Greensburg Office:
550 East Pittsburgh Street
Greensburg, PA 15601

Toll Free: 888-534-6016
Phone: 724-221-3191
Fax: 724-837-1348
Greensburg Law Office Map

Pittsburgh Office:
941 Penn Avenue
Suite 101
Pittsburgh, PA 15222

Phone: 412-391-2800
Pittsburgh Law Office Map

Latrobe Office:
816 Ligonier Street
First Floor
Latrobe, PA 15650

Phone: 724-539-2841
Latrobe Law Office Map

Altoona Office:
615 Howard Avenue
Suite 210
Altoona, PA 16601

Phone: 814-656-0065
Fax: 814-656-0066
Altoona Law Office Map

address-2
address-3
address-4
  • Super Lawyers
  • Best Lawyers
  • AV Preeminent
  • WILG
  • NOVA
  • NOSSCR