Just two months after finding out he had stage four lung cancer, Dean
Lange applied for disability. The treatments forced him to quit his job
in the trucking industry.
Lange says, "You get what they call chemotherapy brain. It's
what the doctors actually call it. You get cloudy, you can't think, it's
a vicious thing you know."
He got approved for Social Security Disability
Insurance back in November, but he won't see a check until June. He
says, "A lot can happen in that 5 months to people in my situation. A
lot of people aren't gonna make that 5 months.”
The waiting period is by design ... Laura Seelau with RSH Legal says
she does get complaints about the 5 month process, but it's not her
client's biggest concern. ...
Lange is calling on members of Congress to change the law so people with
a terminal illness can get the benefits right away. He says the extra
money would go a long way paying for medical bills. Lange says if cancer
kills him, a bill passing to help others in his situation would be his
dying wish. ...
And while we're at it, why does he fact a two and a half year waiting period for Medicare?
The 5-month waiting period as well as the Medicare 24-month waiting period have always seemed cruel, arbitrary, and nothing but a money grab to limit the eventual disability award or insurance coverage. Has there ever been an official statement given to apply some sort of logical explanation for these waiting periods? If I had a magic wand, these would be one of the first things I would change
ReplyDelete@9:37
ReplyDeleteAs I understand it, the logic is to avoid short-term disabilities. But with the current delay in claim processing, in addition to the statutory requirement that the condition must last 12 months (or be expected to last 12 months) it just seems superfluous and arbitrary. It is also weird how SSI does not have the waiting period, but also does not have 12 months retroactive from filing. It's incredibly odd the two titles do not behave identically in as basic an issue as this is.
I still remember my first compassionate allowance case where I had the realization that, no, the 5-month waiting period isn't waived for those claims, either. Seems absolutely ridiculous and arbitrary. And it's never easy being the one to break the news to the client that, while they were approved immediately, it will be several months before they see any money. In that particular case, the client lived to see her first check and that was it.
ReplyDeleteOr, while we're at it, why is there any age qualification on Medicare entitlement? Or any qualification at all, other than residency?
ReplyDeleteI asked the former SSA commissioner Astrue twice about the Medicare waiting period. Was curious how and why this was enacted. He never really had a good answer.
ReplyDeleteTo me, this is the single biggest unfair part of the whole Social Security disability process. And why is there no waiting period for Medicaid under SSI?
And People that have never worked in this country who have not contributed to the system, who are approved for SSI benefits will get medicaid immediately. Is it fair, Heck no.
ReplyDeleteI like to try to make sense of applicable SSA regulations to my clients, in policy terms. So I feel I can make a decent account for much of what may otherwise seem arbitrary to the applicant, e.g., why the grid rules are structured the way they are. However, when it comes to the 2 year waiting period for Medicare, I can only shrug my shoulders. I commiserate, of course, which is of exactly zero value to my clients.
ReplyDelete@1:33
ReplyDeleteIt is unfair for those who contribute to the government through every tax but payroll (sales, property, capital gains, etc.) to be discriminated against solely due to their birth defects? Or unfair for at-home spouses who contribute to the economy through their working spouse to be discriminated against? Those are the two main groups on SSI.
ReplyDeletehttps://greenbook-waysandmeans.house.gov/sites/greenbook.waysandmeans.house.gov/files/2012/documents/RS22195_gb_0.pdf
The same reason for so many things that makes no sense: Congress! The 5 month wait for benefits and 2 years for Medicare were almost definitely compromises. Just like 3/5 of a man for slaves was a compromise. So was the part about appropriations bills must begin in the House. The big states wanted more fiscal control, so part of allowing the small states more representation in the Senate came with the stipulation on appropriations. Some groups for people with certain diseases, such as ALS, have successfully lobbied Congress to make exceptions.
ReplyDeleteBecause the government is payer of last resort and you are supposed to have savings and be responsible for yourself.
ReplyDelete3:18 PM. apparently, you are unaware that SSDI is an INSURANCE policy. The entire point of insurance is to spread the risk and hope you don't NEED it. SSI is, in effect, insurance for those who were never able to pay for their "premiums." Statements of rugged individualism work well in theory, but don't take into account that some never had a chance to play the game, let alone win in it. Here's a thought. How about leveling the playing field by taking away all the built in advantages the rich kids with names and connections have. Then give them physical and/or mental disabilities and see how they do. Give them epilepsy and arthritis... Most people with disabilities aren't perfectly healthy and then suddenly become disabled at age 55. It is a process that often limits your abilities for years before becoming too much to bare. And yes, there are always examples of extraordinary people who, if properly accommodated, can overcome their disabilities. To expect that of everyone is unrealistic.
ReplyDeleteHang in there, Tim!
ReplyDeleteESRD and ALS qualify for Medicare right away although there are some variables for ESRD depending on if the claimant does dialysis at home or at a Medicare certified dialysis clinic. Home dialysis qualifies for day one coverage while in center there is a 3 month delay for coverage.
ReplyDeleteIt is not even just five months. It is five full months which makes it more like six months in many cases. On the positive side the change in unsuccessful work attempts to six months is helping a lot of people in this category. A lot of people are diagnosed with cancer, have surgery and chemotherapy, return to work after a month or two, and then months later the cancer recurs. This change allowed us to give an earlier onset than alleged in many cases. This is a point many attorneys often miss by the way.
ReplyDeleteAnonymous - This is an insurance program that workers are FORCED to pay for. And it is for people who become sick and unable to work - it doesnt make sense to say they should have saved enough to prepare for this, especially when debilitating illnesses strike both the young and the old. Ridiculous.
ReplyDeleteThe medicare waiting period is the absolute cruelest twist of the knife. Most of us have insurance through our employers/work. So, what does the government do? When they finally accept that you cant work and have debilitating health issues, they make you wait two years for health coverage. What sense does that make?
I am Dean's wife and would like to thank you for sharing Dean's story. Dean received his first Social Security benefit check on June 1st and passed on June 29th. We are continuing advocacy efforts to ask that this change be made. We'd appreciate your continued support.
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