I’m Disabled… Can I get Medicaid or Medicare?

If you are found disabled then, yes, you will be eligible for either Medicaid or Medicare, depending upon your disability application type.

Medicare is a federally based health insurance program. There are three ways to qualify for Medicare:

  1. You are 65 or older;
  2. You suffer from end-stage renal disease or ALS; or
  3. Social Security finds you disabled.

If you are younger than 65 but don’t suffer from ALS or end-stage renal disease, then to be eligible for Medicare your best option would be to apply for Social Security Disability benefits. To qualify for this program you need to show that you suffer from a severe physical and/or mental condition that prevents you from performing your past work along with any other types of work in the national economy. You must be found disabled for more than 24 months before you may become eligible for Medicare.

Medicaid is a health insurance program for families and individuals with low income and limited resources. Typically, these programs are administered through the state. Poverty alone will not necessarily qualify you for this program. Oftentimes, it depends on the State to make an eligibility determination. However, if you are found disabled then you will qualify for Medicaid. Unlike Medicare, if you have been approved for disability benefits, you will be immediately eligible to receive Medicaid.

Oftentimes, individuals may only qualify for Medicare or Medicaid through a finding of disability. Usually, an individual who is turned down for Medicaid or Medicare will then seek to qualify through disability. But if that same individual is trying to obtain other health insurance programs then, more than likely, they don’t currently have health insurance. This is important is because to qualify for disability benefits you need to show you suffer from a severe physical and/or mental condition. Proving the severity of your conditions is predicated on recent medical treatment documenting your conditions.

So what are you supposed to do if you are denied Medicaid/Medicare, and you don’t have recent medical treatment to support a disability finding? Your best option is to either apply for the Affordable Care Act. Or, depending upon the area in which you live, there may be either free or low-cost clinics where you can obtain treatment. Another option would be to contact your local hospital and ask to speak with a social worker on staff. A social worker may be able to guide you in the right direction of obtaining some type of medical treatment for your conditions.

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Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.