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Originally Posted On: https://cannondisability.com/blog/nevada-ssd-benefits/
HOW TO WIN NEVADA SSD BENEFITS
THE SSD PROCESS IN NEVADA
Nevada SSD benefits are available if you cannot work for 12 months or more due to your health. Most people who are suffering from a physical or mental condition and who can no longer work should apply for SSDI and SSI benefits. It is possible for you to have either a mental condition, a physical condition, or both. You can also get SSD benefits for a combination of conditions.
However, in order to prove to the SSA that they should pay you benefits, you need medical records that show why you cannot work. In other words, you need a doctor who will help you document your medical issues. If you do not have health insurance to see a doctor, then there is still hope. Learn about Nevada’s free or low cost mental health resources.
Finally, if you need SSDI and SSI benefits, then you need to hire a Nevada SSD attorney. There are studies which show that hiring an attorney with experience makes your chance of winning benefits three times higher. Additionally, hiring an attorney who practices only Social Security law means that you will have help through SSA’s five step review process.
SSDI & SSI BENEFITS
To win SSD benefits, you must be unable to work for 12 months or more due to your medical condition. Many people are not granted benefits because the SSA believes their medical condition will improve within one year. SSA calls this a “durational denial.” Even if you haven’t been off work for one year, you should still apply for SSD benefits. Because your medical condition may not improve. If it does, then you can always pull your application and go back to work.
Additionally, you can apply for benefits no matter where you live in Nevada. For example, there are Social Security offices in Las Vegas, Reno, Henderson, and North Las Vegas. All of these local SSA offices can accept your SSDI and SSI application.
Fortunately, the federal government offers two programs to help you. The first is SSDI benefits. Social Security Disability Insurance (SSD) benefits are for those who work and pay into the Social Security system. The second program Supplemental Security Income (SSI) benefits.
DIFFERENCES BETWEEN SSDI & SSI BENEFITS IN NEVADA
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who have worked and can no longer work at any job due to a medical condition. The amount of money you will receive from SSDI benefits every month is based on how much Social Security tax you have paid during your work history.
To qualify for SSDI, you must have earned enough “work credits” to qualify. A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need will depend on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, then you can only file for Supplemental Security Income benefits.
Supplemental Security Income (SSI):
SSI is a needs based benefit. It is for those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those in your house, not just your personal income and assets. If you have a spouse who earns more than $4000 a month, for example, then that income will prevent you from getting SSI benefits. You cannot be paid SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules for SSI.
APPLY FOR SSD & SSI NEVADA BENEFITS
In order to win SSD benefits in Nevada, you first need to apply. There are many ways to apply for SSD and SSI benefits. And, you can submit an application online no matter where you live. You can also apply in person at a local office in Nevada.
Likewise, you can call the SSA and they will send you a paper application. Or, they will help you apply over the phone. You can also apply without leaving your home. Because you can submit your SSDI application online at the Social Security Administration’s website.
As stated earlier, your illness can be mental or physical. Mental conditions that could qualify for benefits are Bipolar Disorder, Major Depression, Anxiety Disorder, or Borderline Personality Disorder. Benefits are also available for ADHD and PTSD.
Some people have a combination of a mental and physical conditions that keep them from working. For example, physical conditions that can stop you from working are Crohn’s disease and Multiple Sclerosis. Other physical conditions that prevent work are Lumbar Arthritis that causes back pain. Additionally, the SSA recognizes conditions like Traumatic Brain Injury, Lupus, COPD, Asthma and Epilepsy.
APPLY FOR NEVADA SSD BENEFITS AS SOON AS POSSIBLE
If you cannot work due to a physical or mental condition for 12 months or more, then you should apply for benefits through the Social Security Administration. Find out about work and substantial gainful activity.
Benefits are tied to the day you apply. For example, SSI benefits begin on the day you file your application. SSD benefits, however, can go back one year prior to the date you apply. Therefore, the longer you wait to apply for benefits, the more money you lose. Also, waiting to apply may cause you run into a problem with your “date last insured.” Find out about your date last insured.
After you submit your application to the SSA, a claims worker from the Nevada State Disability Adjudication office will review it. There is also an office in both Carson City and Las Vegas. The review your medical records to determine if they should approve or deny your benefits.
The Nevada DDS office only approves 34% of initial applications. You can call their offices if you have a question or concerns about your case. Learn why SSA may be denying your case.
SSD BENEFITS FROM THE STATE OF NEVADA
Nevada pays more SSI benefits to those who are blind. The monthly SSI amount depends on your living arrangements. A blind person living on their own will receive a total of $880 in state and federal payments. A person living in someone else’s home will receive a total of $727.96. And those living in private nursing homes receive a total of $1,162 per month. But, most of that money goes to pay back the facility.
If you get SSI or SSDI benefits, it is also possible for the SSA judge to assign a payee to manage your monthly benefits. If you need to learn about being a payee or what a payee can do, then review the rep payee and your benefits.
Nevada residents can also get Medicaid benefits from the State of Nevada when they win SSI benefits. Learn about Medicaid benefits. Unlike some states, Nevada does not pay temporary short term benefits to those who are disabled.
THE OFFICE OF HEARINGS OPERATIONS IN LAS VEGAS
After your case goes through the first two stages, your attorney will file a request for a hearing. It usually takes 3-6 months for the SSA to read all of your medical records and make a decision at each stage of the case.
The second stage occurs after an initial denial of benefits. At this second stage, the SSA may send you to see on of their doctors. This means they will schedule a doctor exam for you. You do not have to pay for the visit. At the visit, the doctor performs a physical or mental exam. The doctor then sends their findings to the SSA. Read about the SSA doctor exam and get tips on what will happen at the exam.
Next, if you receive a denial, then you apply for a hearing. If you hire us as your legal team, then we will file that request for you.
The Las Vegas Office of Hearings Operations (OHO) is in the downtown federal building in Las Vegas, Nevada. The office has a number of judges who hear SSDI cases. It will take some time to obtain a hearing date. On average, it takes almost 12 to 18 months to get a hearing in Las Vegas. The SSA also holds hearings in Reno, Nevada. Your case is assigned to a hearing office based upon your zip code.
HIRE A LAWYER TO WIN YOUR NEVADA SSD BENEFITS
If you want a lawyer to help you at your Nevada SSD hearing, then hire Cannon Disability Law. You need to know the questions the SSA judge will ask you. Also, you need to know about the most important issues in your case. The reason you hire an SSD lawyer is because we have gone to court before. Therefore, we know what is going to happen.
We can also help you by telling you the questions the judge usually asks at the SSA hearings. If you speak Spanish, then we also have an attorney and staff that speak fluent Spanish. If you want to learn more about the legal experience of our lawyers and staff, then read our About Us page.
WHAT DOES YOUR NEVADA SSD ATTORNEY DO FOR YOU?
In court, there are always rules and there are ways you can explain your case that will make the most sense to the judge. You may think that you can go into court on your own and explain your symptoms to the judge. However, this would be a mistake. The reason it is a mistake is there is more to court than just talking about your your physical and mental issues.
Read more if you need help because you already lost your hearing. You do have options. For example, you may be able to apply again. Likewise, you can appeal your case to the Appeals Council and after that, to Federal Court.
THE HEARING FOR NEVADA SSD BENEFITS
First, the judge is asking specific questions about your medical conditions under SSA’s rules. If you are not familiar with SSA rules, then you may not understand the purpose of the hearing questions. The just asks you questions to find out about your health. The questions revolve around your ability to perform tasks during an eight hour work day. Find out what questions the judge asks at your SSA hearing.
THE MEDICAL EXPERT
Second, there are other witnesses besides you. For example, the SSA judge might decide to call a medical expert to testify. If the judge does this, the doctor is paid by the SSA, but is supposed to be an objective witness.
The doctor will be there to testify about whether your physical and mental conditions meet SSA’s rules under step three. Will you be able to question the medical expert at your hearing? If not, then you need an attorney.
Your lawyer will know how to ask questions about your medical records. If the medical expert is not including the opinion of your doctor during testimony, then your attorney should point that out to the judge. Learn about the medical expert at your hearing.
THE VOCATIONAL EXPERT
Finally, there is almost always a vocational expert (VE) at the hearing. This witness is also a witness that the judge calls to testify. Like the medical expert, they are paid by the SSA. Vocational experts are trained in understanding the skills and education needed to do certain jobs. The VE is at the hearing to testify as to whether you can return to your past work.
Additionally, the VE will testify if there is other work that you can do considering your medical symptoms. Will you be able to question the VE? If not, hire a lawyer.
If you don’t hire an attorney, then there is a good chance you will not win your case. Don’t take that chance. You should hire a lawyer to help you file your application. Hire a lawyer in Nevada with the experience you need to win your case. In the last 30 years, we have won over 20,000 Social Security hearings for our clients. If you contact us today, then we can help you too. Hire us to win your Nevada SSD benefits.
THE ATTORNEYS AND STAFF AT OUR LAW FIRM
If you want to learn more about the lawyers and staff, then read our About Us page. There you will find more information about us. For example, Andria Summers can help you choose your Medicare plan. Likewise, she has also won thousands of cases for Nevada SSD benefits.
Dianna Cannon has many years of legal experience helping her clients win benefits. She has been an attorney for over thirty years. Ms. Cannon also has licenses in a number of states. For example, she has a law license in California, Utah, Nevada, and Washington State.
Additionally, Brett Bunkall also has years of experience helping people obtain their SSI and SSDI benefits. Mr. Bunkall has won thousands of SSA hearings. He is an expert. You can trust us to help you win your benefits.
In the last 30 years, we have won over 20,000 SSD hearings for our clients. Additionally, we have won over $100 million in ongoing and past due SSDI and SSI benefits. Let us help you win your Nevada SSDI and SSI benefits. Contact us today. We offer a free review of your case. You don’t pay any attorney fee unless we win your benefits. Put our legal experience to work for you. We can win your Nevada SSD benefits. Call today.
