Eliminate The Waiting Period For MediCare Benefits To Social Security Disability

Posted on August 15th, 2009

The Philadelphia Social Security Disability lawyers at the law offices of OXENBURG and FRANZEL understand the difficulties social security disability recipients suffer due to current regulations which require a twenty four month waiting period before entitlement to Medicare benefits begins. Even after we are successful in obtaining social security disability benefits for our clients, current law prevents you from receiving the medical benefits provided by Medicare until the twenty four month waiting period has been satisfied.
Bills have been introduced in the House of Representatives and the Senate to phase out, over the next ten years, the Medicare 24-month waiting period. S. 700, introduced by Sen. Jeff Bingaman (D-NM), and H.R. 1708, introduced by Rep. Gene Green (D-TX), also would, upon enactment, eliminate the waiting period for those individuals with “life-threatening conditions.”
Social Security disability attorneys know all too well the hardships faced by their clients if they are caught in the 24-month waiting period once cash benefits are awarded. Those individuals found eligible most quickly usually have the most serious medical conditions, yet they will need to wait for Medicare coverage at the time when they need it the most. There have been indications that the waiting period will be an issue in the expected debate over health care reform. Nevertheless, Sen. Bingaman and Rep. Green, long-time advocates for elimination of the waiting period, decided to re-introduce their legislation.
The bills would phase out the 24-month waiting period over the next 10 years. In 2010, it would be reduced to 18 months and then reduced by 2 months each year until January 2019, when it would be totally eliminated.
Under current law, the Medicare waiting period does not apply to only two conditions: (1) end-stage renal disease and (2) amyotrophic lateral sclerosis, (ALS or “Lou Gehrig’s disease”). The bills would extend the exception to all “life-threatening conditions.” These are not delineated in the bills, but defined as conditions that are “fatal without medical treatment.” The Secretary of Health and Humans Services would be responsible for compiling a list of such conditions, with regular updates. To compile the list, the Secretary would be required to consult with various federal health agencies and to annually review the SSA “compassionate allowances” list.
The Social Security lawyers at Oxenburg and Franzel in Philadelphia encourage you to write and call members of Congress and tell them to support legislation to eliminate the 24 month waiting period for Medicare benefits.
All of the Social Security attorneys at the Philadelphia, Pennsylvania law office of Oxenburg and Franzel are members of the National Organization of Social Security Claimants’ Representatives which provided the legislative update on this issue.

The Philadelphia Social Security Disability lawyers at the law offices of Oxenburg and Franzel understand the difficulties social security disability recipients suffer due to current regulations which require a twenty four month waiting period before entitlement to Medicare benefits begins. Even after we are successful in obtaining social security disability benefits for our clients, current law prevents you from receiving the medical benefits provided by Medicare until the twenty four month waiting period has been satisfied.

Bills have been introduced in the House of Representatives and the Senate to phase out, over the next ten years, the Medicare 24-month waiting period. S. 700, introduced by Sen. Jeff Bingaman (D-NM), and H.R. 1708, introduced by Rep. Gene Green (D-TX), also would, upon enactment, eliminate the waiting period for those individuals with “life-threatening conditions.”

Social Security disability attorneys know all too well the hardships faced by their clients if they are caught in the 24-month waiting period once cash benefits are awarded. Those individuals found eligible most quickly usually have the most serious medical conditions, yet they will need to wait for Medicare coverage at the time when they need it the most. There have been indications that the waiting period will be an issue in the expected debate over health care reform. Nevertheless, Sen. Bingaman and Rep. Green, long-time advocates for elimination of the waiting period, decided to re-introduce their legislation.

The bills would phase out the 24-month waiting period over the next 10 years. In 2010, it would be reduced to 18 months and then reduced by 2 months each year until January 2019, when it would be totally eliminated.

Under current law, the Medicare waiting period does not apply to only two conditions:

  1. End-stage renal disease and
  2. Amyotrophic lateral sclerosis, (ALS or “Lou Gehrig’s disease”).

The bills would extend the exception to all “life-threatening conditions.” These are not delineated in the bills, but defined as conditions that are “fatal without medical treatment.” The Secretary of Health and Humans Services would be responsible for compiling a list of such conditions, with regular updates. To compile the list, the Secretary would be required to consult with various federal health agencies and to annually review the SSA “compassionate allowances” list.

The Social Security Disability lawyers at Oxenburg and Franzel in Philadelphia encourage you to write and call members of Congress and tell them to support legislation to eliminate the 24 month waiting period for Medicare benefits.

All of the Social Security attorneys at the Philadelphia, Pennsylvania law office of Oxenburg and Franzel are members of the National Organization of Social Security Claimants’ Representatives which provided the legislative update on this issue.

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Oxenburg & Franzel provides legal services related to Workers' Compensation, Work Injuries, Social Security Disability (SSD), Supplemental Security Income (SSI) and other legal areas in Philadelphia, Pennsylvania, and in nearby communities such as Doylestown, Norristown, Media, and West Chester, and in all of Bucks, Montgomery, Delaware, and Chester counties.