Philadelphia Medicare Benefits Lawyer
At Gross & Kenny, LLP, we provide skilled representation to injured and disabled workers in Philadelphia and surrounding Pennsylvania communities such as Bustleton and South Philly. We have devoted our practice to injury victims and the disabled for more than two decades, providing them with knowledgeable counsel and strong legal representation.
Social Security Disability Insurance (SSDI)
SSDI is a disability insurance program funded through payroll taxes. SSDI benefits are based on work credits. After receiving SSDI for two years, a disabled person can become eligible for Medicare to cover his or her medical expenses.
Supplemental Security Income (SSI)
This program is strictly need-based, with benefits being approved based on a person’s income and assets. Work history is not a requirement to receive benefits. Individuals who qualify for these means-tested benefits are also eligible to receive Medicaid benefits to cover medical needs.
Are You Already Receiving Medicare?
If you are already a Medicare beneficiary or you are already receiving Social Security Disability benefits, our Philadelphia attorneys are experienced in handling settlements in these situations. When someone is Medicare eligible, there is a whole host of unique issues that must be addressed, including the possibility of establishing Medicare set-aside trusts (MSA). We are skilled at establishing MSAs and finding ways to negotiate in a way that keeps medical benefits open, eliminating the need for MSAs.
Social Security Disability Appeals Process
If a Philadelphia attorney at Gross & Kenny, LLP examines your social security disability claim and determines that you have been wrongfully denied, they can begin preparing the appeal on your behalf. In general, this will involve gathering all of your necessary medical records as well as possibly receiving any written or verbal testimony from your treating physician. The appeals process for a Social Security disability claim can be complicated, and this typically involves four steps:
- Reconsideration: The first step will be to ask for a reconsideration of the disability claim, which consists of a full review of the application by a different Social Security reviewer. During this stage, your attorney can submit new evidence that may be available to support the claim.
- Administrative law judge hearing: If the Social Security Administration denies the reconsideration, your attorney is allowed to request a hearing. An administrative law judge will preside over this hearing, though this is not a traditional court process. During the hearing, your Social Security disability attorney can present evidence to the judge to support your disability claim. Additionally, your attorney may use expert witnesses to explain to the judge why you should qualify for disability benefits.
- Review by Appeals Council: If the claim is denied by the administrative law judge, you are allowed to request a review from the Social Security Appeals Council. The Appeals Council will consider any request for review, but they may deny benefits if they believe that the administrative law hearing decision was correct.
- Federal court review: If a claim is still denied after the appeals process, you and your attorney could file a lawsuit in federal court seeking to overturn the disability benefits denial.
Contact a Philadelphia Social Security Disability Attorney at Gross & Kenny, LLP
Before getting involved in a frustrating process with the Social Security Administration, it is in your best interest to learn more about your rights from an experienced Philadelphia social security disability lawyer. Contact us online to see how Gross & Kenny, LLP, can assist you in obtaining the full benefits you deserve for your disability.