Social Security Disability Insurance Lawyers in Nevada

Helping You Receive the Benefits You Need

When you have a disability that leaves you unable to work long-term, the Social Security Administration (SSA) has options for you. One of those options is receiving Social Security Disability benefits to support yourself and your family members. Residents of Nevada, including Las Vegas, can use Social Security Disability Insurance (SSDI) to pay for their food, clothing, housing, and more. While the Social Security disability benefits application process can be lengthy and time-consuming, it is always worth trying to get monthly SSDI benefit payments.

Unfortunately, the SSA has limited funding for this program, leading to many applicants being denied. Applying on your own is an option, but most people find more success when working with an experienced legal team. Similarly, if your initial application is denied, you can go through the appeals process to attempt to get the decision reversed. Appealing an SSDI benefits denial is a complicated process and often requires support from an experienced team of disability attorneys.

At Roeschke Law, our lawyers have years of experience dealing with the Social Security Administration and their application processes. We know how to help you complete your application and show proof of your disability for the best chance of success. If you’ve already submitted an application and been denied, we can help you appeal that decision for a second chance at getting disability benefits. We understand that the SSDI benefits process can be confusing, and we are confident we can help. For more information, contact our office today by calling 480-999-4740.

What is Social Security Disability Insurance?

Social Security Disability Insurance provides monthly benefits to disabled individuals who cannot work. SSDI benefits are specifically made for individuals who have a recent work history and who have paid Social Security taxes on their income. The Social Security Administration runs the SSDI program and has strict requirements for qualification. Many people apply for SSDI every year, but unfortunately, only a small percentage of applicants are accepted due to the limited funding of the program. If you are interested in SSDI payments, it’s essential to understand what the requirements are and what the application process is like before beginning.

What Are the Qualifications for Social Security Disability Insurance?

To qualify for SSDI, you must be between the ages of 18 and 65. You must also have a recent work history and be able to prove that you have paid Social Security taxes on your income.

If the following parameters are true, you may qualify for SSDI:

• You are 18 or older
• You have not been denied benefits in the past 60 days
• You are not receiving disability benefits under your Social Security Number
• You are unable to work because of a medical condition that is expected to last over a year or be fatal

To receive Nevada disability benefits, you must meet the SSA’s definition of a disability. According to the SSA, being disabled means that you have a medical condition that renders you unable to perform substantial gainful activity (SGA). SGA is a sustained period of work that allows you to receive a steady income and support yourself. If your medical condition impairs your ability to remember things, sit, stand, or walk for long periods of time, you may meet the SSA’s definition of disability. The SSA has a list of qualifying disabilities on its website that you can use as a reference. If your disability is not listed there, the SSA will compare your disability to their list to see if it is comparable.

When applying for SSDI, you must submit medical records showing proof of your disability. The SSA will review these records and may also have their own medical professionals review them. Your records must show that you are being treated for a disability and are unable to perform standard work duties.

Disability benefits also have income limits. These limits change annually, so it’s important to stay updated on the limits for the current year. In 2023, if you work and make more than $1,470 per month, you do not qualify for SSDI payments. It is generally best to apply for SSDI if you are currently unemployed, as even limited income can result in a denial.

To qualify for SSDI, you must also have the appropriate amount of “work credits,” as defined by the SSA. Work credits are calculated using your yearly income history, and most people earn up to four work credits annually. While the amount of work credits you need to qualify for SSDI changes yearly, most people need 40 work credits. Your work credit qualification also depends on the age at which you became disabled, as younger people may qualify for SSDI with fewer credits.

How Do You Apply for Social Security Disability Insurance?

If you would like to receive SSDI payments, you can apply online, by mail, or over the phone. Applying online is typically the easiest option, as you can answer the application questions at your own pace.

Below is the basic application process for applying for SSDI:

• Gather information, including financial documents, medical records, and personal information. Use the disability benefits checklist on the SSA website to ensure you have the correct information.
• Complete and submit your SSA disability application.
• The SSA reviews your application to ensure you meet the qualification requirements.
• The SSA evaluates your work activities and work history.
• The SSA processes your application and sends it to a Disability Determination Services office in your area.
• The state agency makes the final decision to approve or deny your request for payments.

Most applicants experience a wait time of three to six months before hearing back about their application. If the SSA office does not have enough information, they will contact you. In most cases, they will request additional medical records or confirmation of work history before approving your government benefits. The processing time for your application will vary depending on the quality reviews it must go through, plus all the medical information you included.

The SSDI benefits application is lengthy, and our team recommends gathering all your documents and personal information ahead of time. If you need help filing your application or are unsure where to find the information required, our team can help. Contact a disability lawyer at our office by calling today.

Can You Appeal a Denial from Social Security Disability Insurance?

Unfortunately, there is a chance that your initial application for SSDI will be denied. The good news is that you can appeal this decision through an official appeal process. You will have four opportunities to appeal the denial decision, although it’s possible you won’t need to complete every one. Remember that you are allowed to seek legal representation before or during any one of these steps.

Below are the various ways you can appeal a denial from SSDI:

Request for Reconsideration

If you receive a denial notice in the mail, you must submit your request for reconsideration within 60 days. You can do this by filing online or via mail. If you are already receiving benefits and would like to continue to receive those benefits, submit your request for reconsideration within ten days.

After your request has been accepted, the SSA will reconsider your case using the facts in your case file. The SSA will send you a reconsideration determination notice once they have made their decision. If you are denied SSDI payments a second time, you can appeal again using the steps below.

Disability Hearing

If you disagree with the reconsideration determination, you can file for a hearing before a judge. You must submit this request to the hearing office within 60 days of receiving your second denial notice. The SSA will notify you of your hearing date and can pay for your travel costs if the courthouse is more than 75 miles from your home.

If you have any new evidence that will assist in your case, like medical records or work history records, you can send this evidence to the judge during the hearing stage. During the hearing operations, you can subpoena witnesses to testify on your behalf, like medical experts or healthcare personnel. The judge may also call upon witnesses to give testimony regarding your case.

This type of hearing is very informal and will likely be recorded for your records. The administrative law judge will mail you a copy of the decision once it has been made. If you are denied SSDI payments again, you can move on to the next step in the appeals process.

Appeals Council

There’s a chance the judge in your disability hearing will deny your application again. In this case, you can file a request with the Appeals Council for a review of your case. You can submit new evidence to the council if you believe it may influence their decision, but you must file your request within 60 days of receiving the judge’s decision. The Appeals Council will review your initial application along with any additional evidence you provide.

There are a variety of decisions the Appeals Council can make, including granting, dismissing, or denying your request. It’s possible that you could receive another hearing if the council thinks it is necessary. The Appeals Council will notify you of their decision once it has been made.

Federal Court

Filing a civil lawsuit with the federal government is the final stage in the appeals process. If you disagree with the decision from the Appeals Council, you can work with our team to file a suit with the U.S. District Court. The District Court will review your case and any additional evidence you have provided so long as you file this motion within 60 days of your denial from the Appeals Council.

The U.S. District Court could approve your application, send it back to a judge, or deny your application. If your benefits are denied in federal court, that is the end of the appeals process for your initial application. Fortunately, you can submit a new application from scratch after 60 days to start the process over again. However, we recommend that you wait until your medical condition has changed to ensure there will be a new outcome.

What is SSI?

Supplemental Security Income (SSI) is another form of Social Security disability benefits. SSI benefits have different requirements than SSDI, although the application process is very similar. To qualify for SSI benefits, you must be disabled, blind, or over the age of 65. You must also have very few financial resources and be unable to work. SSI benefits can also be given to children under 18 who have a qualifying medical condition. SSI does not factor in an individual’s work history but is given to individuals who can prove their financial needs. In many cases, elderly individuals who do not qualify for SSDI are encouraged to apply for SSI instead.

Can a Social Security Disability Insurance Attorney Help You?

Social Security disability benefits can be life-saving for individuals who are unable to support themselves or their families. Unfortunately, the disability application process can be overwhelming, and many individuals find themselves facing a denial months later. Working with an experienced legal team increases your chances of success when applying for SSDI benefits in Nevada and Las Vegas.

Whether you are starting your application process or are facing the appeals process, our team at Roeschke Law can help you. Our attorneys have the necessary legal experience to guide you through the disability benefits process, helping you gather your medical information and necessary documents for submission. Please don’t feel like you must go through this stressful experience on your own. Contact our office today by calling 480-999-4740.