Jan 27, 2021

ALS Disability Insurance Access Act of 2019 Signed Into Law

By Jordan M. Wassel, Esq.

On December 22, 2020, the ALS Disability Insurance Access Act of 2019 was signed into law. This new law eliminates the five-month waiting period before patients suffering from Amyotrophic Lateral Sclerosis (ALS) can receive Social Security disability benefits.

Typically, if a patient becomes disabled and can no longer work, there is a five-month waiting period before he or she can receive Social Security disability benefits, which are based on the patient’s work history and generally substantially higher than Supplemental Security Income benefits.

The purpose of the five-month waiting period is to allow temporary conditions to reverse. However, because of the nature of ALS, many patients die or incur substantial medical bills before being eligible to receive the Social Security disability benefits.

Additionally, it is important to note that patients suffering from ALS do not have to wait 24 months from receipt of their Social Security disability benefits to receive Medicare benefits.

If you have any questions or require additional information, please contact any member of Schenck, Price, Smith & King’s Elder and Special Needs Law Practice Group: Shirley B. Whitenack, Regina M. Spielberg, Gary Mazart, Meredith L. Grocott, Lauren I. Mechaly and Jordan M. Wassel.

DISCLAIMER: This Alert is designed to keep you aware of recent developments in the law.  It is not intended to be legal advice, which can only be given after the attorney understands the facts of a particular matter and the goals of the client.