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Applying for Social Security Disability Benefits in Nevada

Applying for Social Security Disability Insurance (SSDI) in Nevada can be a daunting process. Nationwide, the numbers show just how competitive and challenging it can be to secure these essential benefits.

In 2023 alone, over 1.9 million people applied for SSDI, yet only 561,600 disabled workers were awarded benefits. This translates to an award rate of just 29.5%—a reminder of how rigorous the application process is and how many applicants face denials.

These statistics underscore the importance of understanding the SSDI system and ensuring your application is complete and accurate.

If your application was denied, or if you need help filing a claim for the first time, our firm can help.

Harris Disability Law is a team of experienced Social Security attorneys who specialize in disability claims and appeals. We know the system, have helped countless Nevadans secure benefits, and can help you too.

Call our office today to get started.

Understanding Nevada Disability Benefits

Nevada doesn’t have its own state disability program. The good news is you can access several federal and private disability benefits as a Nevada resident.

Let’s look at the main disability benefits you can apply for:

  • Social Security Disability Insurance (SSDI): For those with sufficient work history who have paid Social Security taxes
  • Supplemental Security Income (SSI): Available for low-income individuals with limited resources
  • Veterans Disability Benefits: Specifically for veterans with service-related disabilities
  • Private Disability Insurance: Both short-term and long-term options through employers or private insurers.

In this article, we will concentrate on SSDI. However, it’s important to note that there are other options depending on your circumstances.

SSDI eligibility depends on specific medical and technical requirements. Your condition must prevent you from working and last at least one year or result in death. You must also have earned enough work credits – typically 40 credits total, with 20 earned in the last 10 years.

SSI, on the other hand, is a needs-based program for low-income individuals with limited resources. If you qualify, you will receive a monthly income supplement to meet basic needs.

Select Your Preferred Application Method

There are three methods for applying for SSDI: online, phone, and in-person.

Online Application

The simplest and most convenient way to apply is online at the SSA Website.

Using the SSA’s disability application system allows you to complete your claim at any time of day or night from anywhere with an internet connection.

Phone Application

To apply over the phone, call 1-800-772-1213 (or TTY number at 1-800-325-0778). The SSA’s representatives will schedule an appointment with your local Social Security office to assist in completing your application.

Due to high call volume and wait times, we recommend using one of the other two methods if possible.

In-Person Application

Finally, some prefer a more personal touch when it comes to legal matters. In this case, you can schedule an appointment with your nearest Social Security office.

In Nevada, there are offices located in:

  • Henderson
  • Las Vegas
  • North Las Vegas
  • Reno

Required Documentation for Your Application

Regardless of the application method you choose, there is certain information and documentation that you will need to submit.

Personal Information

You will need to provide basic personal information such as your name, date of birth, and Social Security number.

You must also have proof of citizenship or legal residency in the United States.

Medical Records

Your medical condition is a crucial factor in determining your disability eligibility. Therefore, it’s important to gather all relevant medical records before applying. This includes:

  • Names and contact information of all doctors, hospitals, and clinics you have visited
  • List of medications, dosage, and treatments you receive
  • Copies of recent medical records (e.g. diagnostic tests or imaging scans, laboratory and test results, etc.)

Work History

To prove your eligibility for SSDI, you must have a work history that meets the necessary requirements. This includes providing documentation such as:

  • Employment details for the last 5 years (previously 15 years), including job titles, dates worked, and salaries earned
  • W-2 forms or tax returns from previous years if self-employed

The Application Process in Detail

Once you have gathered all necessary information and documentation, it’s time to begin the application process.

Initial Application

The first step is to complete your application and submit it to the SSA. If you’re applying online, make sure to double-check all information before submitting.

Medical Records Review

After receiving your application, the SSA will review your medical records and determine if you meet the medical eligibility requirements for disability benefits. This process can take 3-5 months on average.

As of this writing, the SSA’s website shows a 200-230 days to process a disability.

If additional information or clarification is needed, the SSA may request for more evidence or documentation. IN some cases, they may also request consultative exam with an independent doctor.

Determination of Eligibility

The final step in the application process is a determination of eligibility. If approved, you will receive a letter outlining your monthly benefit amount and when payments will begin.

Reconsideration

If denied, you have 60 days to request an appeal. It’s essential to understand that many initial claims are denied, but this does not mean you should give up. Working with an experienced disability attorney can help increase your chances of approval.

Administrative Hearing

If your appeal is denied, the next step is to request an administrative hearing with an Administrative Law Judge (ALJ). This can often be the most effective stage for approval as you have the opportunity to present your case in person.

Common Application Mistakes

As you can see, the application process for disability benefits in Nevada can be complicated and time-consuming. It’s essential to understand and avoid common mistakes that could potentially delay or even deny your claim.

People who continue to work while applying make one of the biggest mistakes we see. The SSA will likely deny your claim if you earn more than $1,550 monthly in 2024 ($1,620 in 2025).

Some of the other common mistakes we see are:

  • Missing the 60-day appeal deadline after a denial
  • Not showing up for consultative exams or medical appointments
  • Submitting incomplete or inconsistent information on forms
  • Not providing enough medical evidence or documentation
  • Applying too soon after becoming disabled (you must have a condition that will last at least one year)
  • Not seeking legal assistance when needed

Our Las Vegas office finds that incomplete medical documentation leads to most denials. The SSA needs complete evidence that shows how your condition affects your work ability.

We always tell our clients to keep up with regular medical treatment and maintain detailed records of their symptoms and limitations.

What Happens After You Apply

After you apply, your application will undergo several reviews. The SSA will first verify your compliance with the technical requirements for SSDI or SSI. If you meet these criteria, the Disability Determination Services (DDS) will assess your medical eligibility. You might be requested to participate in a phone interview with the SSA or attend a brief consultative exam.

Timeline of Application and Decisions

The Social Security Disability process can take anywhere from a few months to several years. Some applications are approved quickly, while others go through multiple stages of appeals before approval.

Here is a general timeline of what you can expect during the application process:

  • Initial Application: 3-5 months for medical eligibility review
  • Reconsideration: additional 3-5 months for medical eligibility review if denied at initial stage
  • Administrative Hearing: could take up to 24 months to schedule after request for hearing is made and 1-3 months to get a decision.

Keep in mind that these timelines can vary depending on the complexity of your case and any backlog in the system. It’s important to stay patient and continue seeking medical treatment and maintaining detailed records during this time.

What this means is that it can take up to two years (or more) from the time you initially apply to receive a decision on your disability claim. This is why it’s crucial to gather all necessary documentation and evidence before submitting your application. Additionally, seeking legal assistance can help increase your chances of approval and potentially avoid any unnecessary delays in the process.

Tips for a Successful Application

Applying for Social Security Disability Insurance (SSDI) in Nevada is a complex process with low initial approval rates. Understanding key strategies can significantly improve your chances of securing the benefits you need.

  • Apply as soon as possible: While it might seem counterintuitive, apply as soon as you become disabled, ensuring your medical condition is well-documented and expected to last at least one year. Comprehensive medical records are necessary. Compile all relevant documentation, including diagnostic tests, treatment records, and detailed descriptions of how your condition prevents you from working.
  • Accuracy is crucial: Carefully review every form for consistency and provide comprehensive information about your medical history, work limitations, and treatment. Even minor inconsistencies can trigger a denial.
  • Respond to all SSA requests immediately and thoroughly: You have 60 days to respond to any requests for additional information or documentation. Failure to comply with deadlines can result in an automatic denial.
  • Seek legal assistance: Working with a disability attorney who understands the complexities of the application process and can help gather necessary evidence and documentation can greatly increase your chances of approval.

Hiring a Disability Lawyer

Although hiring a disability lawyer is not required, it can significantly increase your chances of approval. A qualified attorney can help ensure all necessary documentation and evidence is submitted, represent you at hearings, and navigate the complex application process on your behalf.

Additionally, many disability lawyers work on a contingency fee basis, meaning they only get paid if you are approved for benefits. This can provide peace of mind and alleviate any financial burden while waiting for a decision on your claim.

If you need assistance with filing your claim or appealing a denial, our team at Harris Disability Law is here to help. Our knowledgeable attorneys have extensive experience navigating the SSDI system and can provide the support and guidance you need.

We’re dedicated to getting you the benefits you deserve.

Contact us today for a free consultation.

Frequently Asked Questions

 

Does Nevada have a disability program?

Nevada does not have a state disability program; however, residents can apply for federal SSDI or Supplemental Security Income (SSI).

What are the eligibility requirements for Social Security Disability Insurance (SSDI)?

To qualify for SSDI, you must have a disabling condition that prevents you from working and is expected to last at least one year or result in death. Additionally, you need to have earned enough work credits through employment covered by Social Security. Meeting technical criteria, such as income limits and age requirements, is also essential for eligibility.

How long does it take to get a decision on a Social Security Disability application?

The processing time for an SSDI application usually takes about 6 months for the initial review. If denied and a reconsideration is requested, it can add more time. For cases requiring a hearing, the process may extend significantly due to case complexity and SSA backlogs. Generally, it can take over 24 months to get approved after you file your application.

Can I still work while applying for Social Security Disability benefits?

You can work while applying for SSDI, but you must not earn more than the Substantial Gainful Activity (SGA) limit, which is $1,550 per month in 2024. Exceeding the SGA limit typically results in a claim denial. It’s important to maintain transparency about any income and ensure it complies with the SSA guidelines.

What documents and evidence are needed to apply for SSDI?

You need comprehensive medical records, including diagnostic tests, treatment notes, and evidence of how your condition limits your ability to work. Additional documents, such as employment records, tax statements, and details about medications, may also be necessary. Providing consistent and complete information can improve your chances of approval.

Should I hire a lawyer to help with my Social Security Disability claim?

While not mandatory, hiring a disability lawyer can significantly enhance your chances of approval. An experienced attorney can assist with gathering medical evidence, ensuring all forms are completed accurately, and representing you in hearings. Since many lawyers work on a contingency fee basis, they only get paid if your claim is approved, making it a low-risk option for most applicants.