Close Menu

FILING FOR DISABILITY IN NEVADA

 Las Vegas strip nevada disability

HOW TO FILE FOR DISABILITY BENEFITS IN NEVADA

Filing for disability benefits in Nevada can help you get the money you need to live when you can’t work. Especially, if you have a physical or mental condition that prevents you from working for more than 12 months. You may need help filing for Social Security benefits in Nevada. We can help you.

There are two federal programs that offer benefits. The first is Social Security Disability Insurance (SSD). The SSD program requires you to have a work history and to have a severe physical or mental illness. The second program is Supplemental Security Income (SSI). SSI also requires you to have a severe physical or mental condition. However, to win the benefit you must also meet the income and asset rules of the program. You apply for both programs when you are filing for benefits in Nevada.

There is a five step process that the SSA uses to decide if you should be paid benefits. The first step asks if you are working. Working is defined as substantial gainful activity (SGA). Find out more information about SGA.

Then, the second step asks if you have a severe medical condition. Next, at the third step, the SSA looks at whether your condition meets or equals a listing. At step four, the SSA asks if you can perform your past work. Finally, at step five, the SSA uses your residual functional capacity to determine if you can perform other work.

FILING FOR PRIVATE BENEFITS IN NEVADA

Nevada, unlike some states, does not have a short term disability insurance program. However, your employer may offer short-term disability insurance through a private company.

Your employer may also offer maternity and paternity leave benefits or long-term disability benefits. Additionally, there are federal benefits available through an employer, like the Family Medical Leave Act (FMLA).

Privately, there are two types of  insurance that you can buy: short and long term benefits. Short term benefits will replace a portion of your salary from three to six months after the onset of being unable to work.

Long term benefits will begin six months after your medical condition. It can last for a few years until you are able to return to work. Likewise, it can pay out until you retire.

Social Security insurance benefits are not the same as workers’ compensation. In the case of SSD insurance, injury or illness does not have to be the result of a work incident or event. With worker’s compensation cases, you can only receive benefits if you are injured at work.

In fact, research by the U.S. Department of Education shows that the most common causes of long term benefits are heart disease, back injury, and cancer. Next, the most common causes of not being able to work are mental conditions such as anxiety.

THREE WAYS TO FILE FOR DISABILITY BENEFITS IN NEVADA

There are three easy ways to file your application for SSD benefits in Nevada. Probably the best way to file an application is to file online. If you don’t have a computer or access to one, then you can apply by telephone or in person. Please note that your local library has free access to the internet.

Benefits begin from the date you file your application. So, the longer you wait to file your application, the more money you lose.

  1. Online: You can apply online at the Social Security website.
  2. Telephone: You can apply over the telephone by calling the SSA’s toll free customer service line at 1-800-772-1213 (TTY 1-800-325-0778).
  3. In person: You can apply in person at your local Social Security field office.

FILING FOR PHYSICAL DISABILITY BENEFITS IN NEVADA

In Nevada, to win benefits you must have a medical condition that keeps you from working for at least one year. Additionally, you must meet SSA’s rules.  You can also win by proving your physical condition prevents you from working. Below you will find some of the main physical conditions on Social Security’s list:

WIN NEVADA SSD BENEFITS FOR MENTAL CONDITIONS

Our law firm can also help you win benefits for a mental illness in Nevada. However, your mental condition must prevent you from working for more than one year. You may have one mental illness or a combination of conditions. Either way, we can help you win your case. For example, SSDI benefits are available for many mental health conditions including:

As with physical illness, mental conditions also have rules you must meet in order to win benefits. Each of the above medical conditions, for example, has certain elements you must prove. For instance, if you claim benefits for PTSD, you must show certain symptoms in you medical records. However, you must also show that you have severe symptoms that impact your ability to work. In order to prove your deserve to be paid benefits, you must have ongoing mental treatment. You must also have medical records that support your claim.

WINNING BENEFITS IN NEVADA WITH YOUR RFC

If you don’t meet an SSA listing, then you can still win SSDI and SSI benefits through the vocational rules. This takes your medical conditions, your age, work history, skills, and education into account.

When the SSA decides your residual functional capacity (RFC), they use your statements. For example, when you fill out forms about your past work, you state how much you had to lift on the job. You also tell them how much you stood and sat during the day at work.

Your answers on these forms are some of the most important statements you make. If you state on your Work History form that you lifted nothing on the job, then that is what the SSA assumes is correct. Frankly, there are no jobs where you lift “nothing.” But for some reason, many people write that down as an answer. Even desk jobs require some lifting. You might, for example, lift files, boxes of paper, books, or supplies. Make sure you check the highest number of pounds you lifted on the job.

Think about it. Failing to tell the SSA about the lifting you had to do at your past jobs, makes it easier for them to return you to your past jobs. In other words, you are making it easier for them to deny your case.

An RFC form filled out by your treating doctor can prove you cannot work. Because, your doctor can write about your physical limits. The doctor will state how long you can stand, how far you can walk, and how much you can lift. It will also show your ability to squat, bend, and use your hands. If your RFC is truly limited, then you cannot work at any job.

WHO MAKES THE DECISION IN YOUR NEVADA DISABILITY CASE?

After you file for Nevada SSDI benefits, then your case will transfer to the Nevada office of DDS. DDS reviews medical evidence to assist the Social Security Administration office in making prompt decisions regarding benefit claims.

Disability Determination Services can assist with both SSI and SSDI claims in Nevada. DDS can also request more medical  information if they feel they do not have enough to make the correct decision.

The address and phone number of DDS are listed below:

Disability Determination Services
Address:

1050 E. Williams Street, Room 300
Carson City, Nevada 89701
Telephone: 1-800-882-4430

This is the place where your DDS reviews your case. If you have questions or need to submit medical records, then you can submit information to DDS.

DDS decides whether or not to pay you benefits at the initial and second level of appeal. If they deny your case on appeal, then you will need to file a Request for a Hearing.

It is important to file any appeal to the SSA on time. Because, you only have 60 days in which to appeal a decision from the SSA.

WORK WITH YOUR LEGAL TEAM TO WIN NEVADA DISABILITY BENEFITS

Obviously, we cannot file an application for you without your help. That is why we say that we are your legal team. A team requires help from all of the players. We may be experts at the law, but you are the expert on the facts of your life.

We will also need to know why you cannot work and the symptoms of your physical and mental conditions. There are many forms the SSA needs you to complete. Forms such as the Activities of Daily Living Form or the Work History form.

First, you complete the form. Do it in pencil. If you made a mistake, then you can erase it and start over. If you need help with the form, then we can answer your questions about it. We can also help you complete the form, but your will need to call us for that to happen. However, we are happy any of the questions to you. But you are the person who knows the answers about your daily life and work history.

COLLECTING YOUR MEDICAL RECORDS

After we file your application, we will need to collect your medical records. We might need your help to collect your records. Because you need to submit all of your records. This includes evidence from your doctors, counselors, and other providers. If you don’t give us information about your treating sources, then we can’t contact them on your behalf.

Additionally, after filing your application for benefits, we can represent you at your hearing in Nevada. If your case is denied at the the lower levels of the appeal process, then we will request a hearing. Keep in mind that most people do have a hearing. Because, the SSA denies 90% of cases after application and on appeal.

We will prepare you for your hearing testimony. Likewise, we know the judges at the Nevada Office of Hearings Operations. Likewise, we have won over 20,000 SSD cases. Therefore, we can tell you the kinds of questions they will ask you at your hearing.

THE BEST SSD ATTORNEYS IN NEVADA

At our law firm, we are experts in filing for SSD benefits in Nevada. For example, in the last 30 years, we have won over 20,000 SSDI and SSI cases for our clients. If you need help filing for SSDI and SSI benefits in Nevada, then contact our office. We can also help you appeal a denial from the SSA. If you need more information about what it costs to hire us, then read “Attorney Fees in SSD Cases.”

When you contact our office for help with your application, make sure you know the basic about your case. We also will need to know your date of birth. Next, you will need to tell us your wedding date and divorce date. Also, we need to know the date you last worked. Finally, we will need to know the names, address and phone numbers of your doctors.

The application asks basic information about your family and children. You will also need a list of the places you have worked in the last 15 years. Then, you will need to describe what you did for your job at each place. Another thing they will need to know is how many pounds you had to lift on your past jobs.

For example, a cashier lifts 40 pounds of dog food or 50 pound cans of paint. Even if you had help lifting, it is what the job requires. Therefore, do not write that you lifted nothing. All jobs require lifting. The SSA needs to know this information in order to process your application.

Let us help you win your SSDI and SSI benefits. If you need help filing for SSDI and SSI benefits in Nevada, then contact Cannon Disability Law now.

Share This Page:
Facebook Twitter LinkedIn
Contact Form Tab

Quick Contact Form