• Services
  • Attorneys
  • Media & Insights
  • Online Payment
Results may vary depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection methodology can be found here.
  • Services
  • Attorneys
  • Media & Insights
  • About Us
  • Delivering Value
  • Diversity & Inclusion
  • Meritas
  • Contact Us
  • Online Payment
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCooperative and Condominium Law (Co-op & Condo)Criminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawERISA & Employee BenefitsEstate Planning and Administration & Wealth PreservationExecutive Compensation and Employment Strategies
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media Law & Creative Economy PracticeMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources

    Categories

    Aging Asset Protection Elder Exploitation Estate Planning Guardianship Health Care Decision-Making Medicaid Medicare Social Security Special Needs Uncategorized Veterans
    Blogs > Peace of Mind > ALS Disability Insurance Access Act...
    Member
    Shana Siegel
    Visit Profile

    ALS Disability Insurance Access Act Eliminates Waiting Period for Social Security Disability Benefits

    ALS Disability Insurance Access Act Eliminates Waiting Period for Social Security Disability Benefits

    In the final days of 2020, the President signed the ALS Disability Insurance Access Act. This new law eliminates the five-month waiting period for individuals with Amyotrophic Lateral Sclerosis (ALS) before they can receive Social Security Disability benefits. Many people do not know that if you become disabled and can no longer work, you must wait five months before collecting Social Security disability benefits.

    Social Security Disability Benefits

    Of course, most applications for disability benefits take substantially longer than five months. Once approved, benefits are paid retroactively, but only back to the sixth month after the disability began. This rule is meant to eliminate the collection of benefits for temporary or reversible disabilities. However, the logic fades when one considers that it often takes more than six months to get an initial determination. Moreover, individuals who are denied in their initial determination often must wait more than two years to get a disability decision. One would think that if the Social Security Administration (SSA) decides that the individual has been disabled for the last two years, there would be no reason to deny benefits for the first five months of their disability.

    In the case of ALS, the five-month waiting period was particularly illogical and pernicious. First, ALS often takes a long time to diagnose and is never reversible. In fact, ALS is on the SSA’s listing of impairments, meaning that an ALS diagnosis results in the applicant being automatically eligible assuming they meet the non-medical (i.e., work) criteria. Moreover, the SSA provided for expedited approval of ALS cases in recognition of the rapid progression of the disease in many individuals. The incongruity of an expedited approval process and a five-month eligibility delay led to a push for this legislation.

    ALS Disability Insurance Access Act

    Prior to the new bill, the expedited approval meant only that an individual could receive SSI and Medicaid. They still had to wait five months to receive their Social Security disability benefits, which are based on their work history and generally substantially higher than the SSI amount. In addition, an individual approved for SSDI benefits for ALS becomes eligible for Medicare at the same time. (Most other individuals must wait two years for Medicare eligibility.)

    The five-month delay was especially devastating for individuals with ALS, many of whom require expensive care and equipment during that period as the disease often progresses quickly. Advocates have fought for the passage of this bill since 2016. Today, we can celebrate the passage of this bill as one less bureaucratic obstacle for individuals facing ALS, and their families.

    If you have any questions about this post or any other elder care and special needs law matters, please email me at ssiegel@norris-law.com.

    Member
    Shana Siegel
    Visit Profile

    Related Posts

    Medicaid Disenrollment’s Are Coming, But There Is Still Time to Fix Eligibility Researchers Warn That Failure to Plan by and for Individuals with Disabilities may Result in a Major Public Health Crisis Do I have to sign over all my assets when I enter a long-term care facility?

    Share

    Tags

    #benefits #individuals with disabilities #insurance

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Award Methodology
    • Events
    • Join our Team
    Connect
    Online Payment

    Connect with Us

    • LinkedIn
    • Facebook
    • Twitter
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more