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Losing Disability Can Mean Losing Medicare to Create Catch-22

If you are receiving Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, you are likely to also qualify for Medicare.  This is important, since you may require many costly medical procedures. On the other hand, if the United States Social Security Administration (SSA) determines that you are not longer disabled, you may lose your disability benefits and also your Medicare.  If the reason you are no longer is disabled is because of the medication you are getting paid for by Medicare, you have two problems.

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This situation was recently discussed in a news article from WATE ABC 6 News.  In this article, a woman in Knoxville lost her Social Security disability benefits when SSA made a determination that she was no longer suffering from seizures to the point where she was unable to work.  This also means she lost her Medicare that was awarded when she received Social Security disability benefits.  The reason she was able to control her seizures was because of the new round of anti-seizure medications she was obtaining via Medicare, and that is where the catch-22 comes into play.

As your Boston Social Security disability benefits lawyer can explain, when you qualify for disability benefits, SSA will require you to periodically undergo a review of your medical condition and disability rating to see if they still feel you are entitled to benefits.   The reason we are saying if they feel you are entitled to benefits is because SSA routinely denies claimants’ valid claims for benefits and terminates benefits for people already receiving money as a way to save money.  For this reason, you should consult an experienced disability benefits attorney to make sure your rights are better protected.

In this case of this woman with epilepsy, she started receiving disability about six years ago.  She was suffering from very bad seizures, and her seizures were classified as grand mal seizures.  With grand mal seizures, the patient’s entire body is affected, and this is the most dangerous and debilitating for of the disorder. This woman was working as a factory worker before going on disability and said there were various times when she would hit her head on a hard object or bite her tongue causing severe injury.

For the first five years of her being on disability, she was still suffering from very bad seizures despite being on many medications.  However, some new and more effective anti-seizure medications hit the market this past year, and while taking these new medications, she was actually able to control her seizures for the first time since the disease was so bad.

While this seemed like a good thing, the SSA conducted a review of her functionality and became convinced she could go back to work.  This also meant her Medicare benefits would be terminated and she would not be able to take her medications that cost approximately $1,200 per month.   While it is true she could eventually get a job that provides insurance, it is hard to get a job when you are having frequent seizures and you no longer have access to your prescriptions.

If you or a loved one is seeking Social Security Disability Insurance in Boston, call for a free and confidential appointment at 1-888-367-2900.

Additional Resources:

Knoxville woman with epilepsy loses Social Security disability, Medicare, September 21, 2016, By Don Dare, WATE 6 ABC News

More Blog Entries:

Worker Taxed Thousands for Social Security Disability Benefits He Never Received, June 21, 2016, Boston SSDI Lawyer Blog