The purpose of health insurance is to make sure that you can afford medical treatment. Unfortunately, when people become disabled and can no longer work, they frequently lose their health insurance just when they need it the most.
A claim for Social Security Disability (“SSD”) benefits can take years to process. If a claimant cannot afford to continue medical insurance under COBRA, then even if the SSD application is approved, Medicare may not be available for 24 months. During the interim, a claimant’s condition can become much worse.
A disability claimant who lacks medical insurance and is unable to obtain medicine or medical care should notify the Social Security Administration (“SSA”). The claimant should specify the basis for the lack of medicine or medical care. For example, stating that the he or she needs medicine or medical care, but is unable to obtain it either because there is no health insurance or because of lack of resources. When a person has a dire need for medical care, that critical situation is supposed to receive expedited treatment by the SSA.
I represent a claimant whose SSD application was denied on October 22, 2007. I submitted a request for a fully favorable decision on the record (“OTR”) on January 4, 2008. On February 15, 2008, I notified the SSA of the claimant’s dire need for medical treatment. That same day, the claimant’s OTR was approved, which could be a coincidence. Nonetheless, it certainly cannot hurt to notify the SSA of dire need circumstances, such as lack of medical care, food or housing.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2022, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou