I have over 40 years of FICA payments. I should now have Medicare. Yes, as soon as your turn 65. (DOB 7 Dec 48, start date for Medicare 1 Dec 13)------- OK
However, I am disabled (possibly secondary to a bad immunization), retired four years. OK, it sounds like you have applied for Social Security Disability (probably not SSI, unless indigent) and your case is pending, correct? How long ago did you apply? (Originally about three years ago when I could not longer work. It was denied. I did not need the money but wanted Medicare as soon as possible because the treatment centers for my illness are beyond the full coverage areas of my TRICARE.) -------- Note that Medicare is only available after 24 months of cash benefit entitlement...... generally....... So you wouldn't necessariliy get it right away anyway.
By the time I got the denial there was no use to appeal since I would be 65 before an appeal could be approved. ----------That is not accurate, that there would be no use, but that is a discussion for a different day. If money or income was not important at that point or later, when older, thought, perhaps you are right.
However, after repeated efforts since August to apply for Medicare failed, I tried applying for SS and Medicare and that appeared to be accepted. ---------- You may have failed the "pre-app" for Medicare if it was more than 3 months before your birthday. You'd likely have had to wait til Sept. to apply.
I answered the website questions and it appears that it was accepted as another SS Disability claim. ----------- OK, yes, the site "should" work.
Thus, they they said if I do not drop that claim there would be no Medicare for two years.) ------- Who is "they"?
Medicare has told me I will not get Medicare until my SSI is determined. Are you sure you talked to Medicare? What number? Or did you speak to someone at the Social Security Administration
(Actually it started with folks at Social Security. I've discussed it with both agencies and Medicare's position is they can do nothing until I'm approved by SS to get Medicare. ---------- This is false. If one is 65, one can get Medicare if otherwise eligible. Now, note that one is not entitled to cash benefits on the disability claim until the 6th full month of disability and, again, and additional 24 months before they'd get Medicare based on such disability - but that does not negate a Medicare eligibility based on reaching age 65. I believe 100% that they are wrong. Consider asking them for the CFR section that support a contention that a disabilty claim negates a Medicare application when one is 65. Imagine all those that apply for disabilty and win quickly at age 63 1/2. They don't get Medicare eligibilty, until 24 months later - however, they turn 65. Are they going to be discriminated against and denied their 'age 65 Medicare' because with Disability, they will get it 6 months later, at 65 1/2?
Social Security told me that and no one has had the guts to tell me that is a possible mistake. Yes, so you better APPEAL.
They have sent me a letter saying I decided to drop my claim. ---- You need to write back and say, NO, I have a pending SSD claim and I happen to be applying for Medicare based on become age 65.
I have been given an appointment for 16 December. This is more than two weeks after I should have been started on Medicare. I have canceled three medical appointments, kept two and postponed at least two more. Their actions could get to be expensive.) ---- yes, this is extremely disturbing and appalling. I'd insist on a manager, and I'd insist that they produce the law they believe supports a medicare denial.
They estimate it woill take two more years. For what, for your case? Did you only recently file? Are you confident that your medical condition is such that you can not perform any job (not just your old one) full time? (That is probably their reasoning, I am not a fall risk, with a compromised immune system. ---- There are tons of limitations that, alone or combined with others, deprive us of the ability to work FT even at a simple esy job, not just being a "fall risk" or having immune issues.)
I had missed two day out sick in 40 years and then in my last year of work fell and broke three ribs, was hospitalised three times with an autoimmune flare up and placement on impairing medications, I missed about four months of work. --------- OK, remember there is a 12 month durational requirement - either your disability, if proven, lasted 12 months or is expected to last 12 months.
My health record went form a simple folder to thousands of pages. I have spent almost half of this past year with impact fractures, torn meniscus and torn ACL in my left leg due to a fall. -------- So sorry!
Even without medications I fall asleep, start dreaming while I am seated or standing and fall over. I have fallen over three times while stopped on my Vespa, three times while stopped on my bicycle, once between a train and platform and this past year I was just standing when I heard a loud pop looked down and saw my left leg bending out sideways while I fell to the ground. ---------- Severe narcolepsy?
Needless to say my driving is very limited and there is no public transportation here.----------- You are lucky the Dr didn't yank your license already. But inabilty to drive, in and of itself, won't get you disability. But the falling asleep out of the blue, if frequent enough, could.
Due to reconstruction on my right leg in 1970, I have problems with any extensive driving. Fifteen minutes is my limit and not in the afternoons. ---------- Again, inability to drive, even if ZERO ability, does not eliminate all jobs. Just driving jobs.
I have been unable to tolerate riding a regular motorcycle since 1980, thus a Vespa with hand controls. For most of my last ten years I walked or rode my bike to work for safety. ------------ Ergo, confirmation that inability to drive does not eliminate ability to do a job.
No one exactly wants an employee who is a walking hazard or who falls asleep onto his desk while talking to a patient. ----------- Actually, your medical information is private and you need not share. So they won't know about your problem. However, once you are on the job, and you get fired for falling asleep too many times on the job, that is more evidence for your SSD claim. If you can get proof of it, like an employer statement or reprimands from your personnel file.
No one in a medical setting wants an employee without a fully functioning immune system. --------------- Remember, SSD does not consider what they want (particularly if it is only your knowledge that you need not put in an employer's face) - it is whether you can do the job safely. So you would want your own medical providers to indicate in writing that an immune system is so compromised that you are at great risk of something terrible if you are exposed to any other person. Or, the proof that you were getting the flue or bronchitis every 3 weeks, missing a week of work every month, well documented medically, due to your immunity disorder, could do it also.
I was a worker's comp case waiting to happen. Additionally my disease causes mental impairment, I have cataracts, I have frequent migraines and increasing allergies with frequent sneeze fits. The whites of my eyes are red.) ----------- So sorry. Those less limiting, but still somewhat limiting symptoms would all help erode the occupation base of what you could perform, after the serious if not full erosion provided for by some severe narcolepy or excessive daytime sleepiness.
If I want Medicare now, I need to forfeit the Social Security claim. This is definitely not true. I am appalled that someone has stated that. Can you cut and paste for me the text of the email someone sent that states this? Or was it only verbal and if so, from whom? (The SSA telephone number.) If this was the 1 800 772 1213 number, often mistate the rules. You need to go in person if you haven't already. But I think you said you have an appt. so that is good.
Thus, I must forfeit my disability rights if I want health insurance for which I have paid. Can they do this legally? What can I do? Please provide answers to the above questions, and I am pretty sure we can get to the bottom of this.
Thanks, Your welcome Dan. I look forward to assisting you.
Dan, I have never heard of any law that says you can't get age related Medicare if you file a disability claim. Fight this, please. You will know more after 12/16, but you may want to file an APPEAL with an SSA-561 form, mailed certified r.r.r. Include the letter denying you Medicare as the basis for your understanding that you have something to appeal - that determination of no Medicare even though turning 65.
Happy belated birthday, by the way!
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