Social Security Disability

The average national rate of approval for initial disability claims is 36 percent. This means about sixty-four percent of all initial disability claims are denied. The probability of winning a disability case depends on several factors:

1. Your medical evidence – If you have proper medical documentation including your medical reports and records of the severity and ongoing nature of your disability, preferably from your treating physician and all other medical provider, you are more likely to win benefits.
2. Your age, level of education and work history – Apart from your medical conditions, you are also evaluated based on your age, education, work experience and any transferable skills. If Disability Determination Services (DDS) decides the person cannot do other work, the claim will be approved. If DDS decides that the person can do other work, the claim will be denied.
3. Persistence – Statistically, most initial applications for SSD and SSI are denied. Hence, don’t get demotivated. The next step is to file a Social Security appeal, called a Request for Reconsideration.

Under disability law, benefits are provided for disabled individuals who are no longer able to perform substantial gainful activity. This means that if you work or receive other forms of income, your SSDI benefits could be reduced or canceled.

In some circumstances, you can receive both Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits at the same time. This is commonly referred to as “concurrent benefits.” To receive concurrent benefits, you must be approved for SSDI, but receiving low monthly payments through the program.

A child with a disability age 18 or older may get Social Security benefits when a parent gets retirement or disability benefits. The child may also get benefits if a parent dies. The child’s disability must have begun before age 22.

Social Security has no set length of time that you can keep receiving disability benefits. You may receive Social Security disability benefits for a lifetime, provided your medical condition has not improved or you have not gone back to work earning above the substantial gainful activity monthly earnings limit.

Nevada does not have a State disability program; you can apply for Social Security disability benefits through the two federal programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Yes, your disability attorney can attempt to speed up the scheduling of your case before an administrative law judge, or even eliminating the need for a hearing altogether. This can be done under following conditions.

1. Requesting an on-the-record review – This can be requested when your disability attorney believes that the medical evidence supporting your case is very strong and you should qualify for disability benefits in accordance with the SSA definition of disability.
2. Requesting to expedite the hearing based on dire need – If a claimant is in danger of losing their residence, or losing their access to needed medical treatment or prescribed medications, they may be able to request that the hearing office speed up the scheduling of their disability hearing based on this.
3. Congressional Inquiry – A claimant, or their disability attorney, can always contact the office of their congressional representative (their district congressman or congresswoman) to have that office conduct a formal inquiry into why it is taking so long to get a hearing scheduled.