HOW TO WIN NEVADA DISABILITY BENEFITS
THE DISABILITY PROCESS IN NEVADA
Nevada disability benefits are available if you cannot work for 12 months or more. If you need disability benefits, then you need a Nevada disability attorney. Most people who are suffering from a physical or mental condition and can no longer work should apply for SSD and SSI benefits. It is possible for you to have either a mental condition, a physical condition, or both. You can get benefits for a combination of conditions.
However, in order to prove that the SSA 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. If you do not have health insurance, there is still hope. Read here for information about Nevada’s free or low cost mental health resources.
SOCIAL SECURITY DISABILITY & SSI BENEFITS
To win SSD benefits, you must be unable to work for 12 months or more. Many people are not granted benefits when they apply 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 and SSI benefits. Because your medical condition may not improve. If it does, then you can always pull your application.
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 SSD and SSI application.
Fortunately, the federal government offers two programs to help you. The first is SSD benefits. Social Security Disability (SSD) benefits are for those who work and pay into the Social Security system. The second program is SSI benefits.
Supplemental Security Income (SSI) is for those who work sporadically or who work below a certain income level. SSI is also for those who have a physical or mental illness and do not have a work history. While these are federal programs, a Nevada state agency decides who win benefits and who does not.
APPLY FOR SSD & SSI NEVADA BENEFITS
In order to win disability 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 disability 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 disability benefits are Bipolar Disorder, Major Depressive Disorder, Anxiety Disorder, or Borderline Personality Disorder. Benefits are also available for ADHD and PTSD.
Some people have a combination of a mental and physical condition that prevent them from working. For example, physical conditions that can be disabling are Crohn’s disease and Multiple Sclerosis. Other physically disabling conditions are Lumbar Arthritis and herniated discs that cause back pain. Additionally, the SSA recognizes conditions like Traumatic Brain Injury, Lupus, COPD, Asthma and Epilepsy.
APPLY FOR 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 more about the definition of work and substantial gainful activity here.
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 more here about your date last insured here.
After you submit your application to the SSA, a claims examiner 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 Disability Adjudication office only approves 34% of initial applications. You can call their offices if you have a question or concern about your case. Their number is 775-885-3700. Learn more about why SSA may be denying your case here.
DISABILITY 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, the majority of that money goes to reimburse the facility.
If you get SSI or SSDI benefits, it is also possible for the SSA judge to assign a representative payee to manage your monthly benefits. If you need to learn more about being a payee or what a payee can do, then read our article about the representative payee and your benefits.
Nevada residents are also eligible for Medicaid from the State of Nevada when they win SSI benefits. Learn more about Medicaid benefits here. Unlike some states, Nevada does not pay temporary short-term benefits to those who are disabled.
APPEALS AND 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 reconsideration stage occurs after an initial denial of benefits. At this second stage, the SSA may send you to see a consultative examiner. 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. Learn consultative exam tips here.
Next, if you receive a denial, then you apply for a hearing. If you hire us as your legal team, 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 WITH THE EXPERIENCE TO WIN YOUR NEVADA DISABILITY BENEFITS
If you want legal representation at your Nevada SSD hearing, and you should, hire Cannon Disability Law. You need to know the questions the SSA judge will ask you. Also, you need to know what are 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, we also have an attorney and staff that speak fluent Spanish. If you want to learn more about our representatives, go to our About Us page.
WHAT DOES YOUR NEVADA DISABILITY REPRESENTATIVE 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.
THE HEARING FOR NEVADA DISABILITY BENEFITS
First, the judge is asking specific questions about your medical conditions under SSA’s rules. If you are not familiar with SSA rules, you may not understand the purpose of the hearing questions. Find out more here about 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 impartial witness.
The doctor will be there to testify about whether or not your physical or mental conditions meet or equal SSA’s medical rules. Will you be able to question the medical expert about his or her testimony at your hearing? If not, you need an attorney. You lawyer will know how to ask questions about your medical records. If the medical expert is not including the opinion of your doctor or is missing some of your records, you attorney can let the expert know. Learn more about the medical expert at your hearing here.
THE VOCATIONAL EXPERT
Finally, there is almost always a vocational expert 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 vocational expert (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, there is a good chance you will not win your case at the hearing level. Don’t take that chance. Hire a lawyer in Las Vegas, Nevada with the experience you need to win your case. In the last 30 years, we have won over 20,000 disability hearings for our clients. If you contact us today, we can help you too. Hire us to win your Nevada SSD and SSI benefits.
CANNON DISABILITY’S ATTORNEYS
If you want to learn more about the representatives at Cannon Disability Law, then read our About Us page. There you will find more information about our lawyers and staff. For example, Andria Summers can help you with your Medicare plan. Likewise, she has also won thousands of SSD and SSI cases.
Dianna Cannon has many years of experience representing disability claimants. She has been an attorney for 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 significant experience helping people obtain their SSI and SSD benefits. Mr. Bunkall has won thousands of SSA hearings. He is an expert. Similarly, all of our attorneys are experts. You can trust us to help you receive your benefits.
In the last 30 years, we have won over 20,000 SSD and SSI hearings for our clients. Additionally, we have won over $100 million in ongoing and past-due SSD and SSI benefits. Let us help you win your Nevada disability benefits.