Finding out that your Social Security Disability (SSDI) claim has been denied can feel catastrophic. SSDI can help you manage your finances, pay expenses, and deal with the many challenges of living with a disability. A claim denial may prevent you from accessing the funds you need to stay afloat and plan for the future.
But a denial isn’t necessarily the end-of-the-line for your SSDI claim. An experienced Las Vegas SSDI attorney can often take steps to reverse the decision and get you the financial support to which you’re entitled. If you live in Las Vegas and recently had your SSDI claim denied, contact the skilled SSDI lawyers at Edward Bernstein and Associates for a free consultation about your situation and how we might help.
Las Vegas SSDI Guide
- Who can get SSDI benefits in Las Vegas?
- Potential Reasons the Social Security Administration Denied Your SSDI Application
- What To Do if the SSA Denies Your SSDI Claim
- Las Vegas SSDI Claim FAQ
- Enough Said. Call Ed to Discuss Your SSDI Claim.
Call Ed to Learn More About Your Las Vegas SSDI Claim
Fighting for the assistance you need while living with a disability can feel incredibly frustrating. Even when you have every right to receive support, the Social Security Administration (SSA) may deny your claim for any number of reasons, leaving you to wonder what can be done to set things straight.
The skilled lawyers at Edward Bernstein and Associates want to help you understand your rights and explore your options for securing SSDI benefits.
WE MAKE CONNECTING WITH US EASY.
We aim to make it as easy as possible to connect with us. You can get in touch with the Edward Bernstein and Associates team online or via phone 24/7. We also offer free case consultations by phone, video, or in-person. We’ll even come to your home or hospital room if that’s most convenient for you.
WE FIGHT FOR FULL SSDI BENEFITS.
At Edward Bernstein and Associates, we understand that SSDI benefits constitute a vital lifeline for many disabled individuals in Las Vegas. That’s why we fight tirelessly to make sure any client of ours who has the right to benefits gets them.
We can’t promise to win every SSDI claim, appeal, dispute, but we do make a solemn commitment to serve our clients’ interests and to give every SSDI case the personalized attention it deserves.
Enough said. Call Ed today to discuss your SSDI claim, your right to benefits, and how we might help ensure the Social Security Administration treats you fairly.
Who can get SSDI benefits in Las Vegas?
Social Security laws and regulations set out the criteria for how to qualify for SSDI payments and support. Here’s an overview.
YOU MUST HAVE PREVIOUSLY WORKED IN A JOB THAT PAID INTO SOCIAL SECURITY.
Social Security benefits are reserved for people who have paid into Social Security over the course of their working lives. If you worked at any job that withheld taxes from your paycheck, you probably paid into Social Security. You have also probably paid into Social Security if you were self-employed and filed your income taxes every year. The only people who generally have not paid into Social Security are those who worked “under the table” and did not report that income to the IRS.
YOU HAVE A MEDICAL CONDITION THAT MEETS THE SOCIAL SECURITY ADMINISTRATION’S DEFINITION OF A DISABILITY.
The Social Security Administration defines a disability in terms of how a medical condition impacts your ability to work. To qualify as a disability, the condition must interfere with your ability to complete normal work-related activities, such as walking, lifting, standing, sitting, or remembering basic tasks. If your disability does not prevent you from engaging in those activities, you may not qualify for SSDI benefits.
The Social Security Administration maintains a list of disabling conditions that affect someone’s ability to work. But Social Security can still consider you disabled even if you do not have one of the conditions on the list.
YOUR CONDITION CONTINUES FOR MORE THAN 12 MONTHS.
To qualify for SSDI benefits, the symptoms of your disabling condition must continue for at least 12 months. If you have only a short-term condition, such as one related to a specific injury or incident from which you will heal within a 12-month period, you may not qualify for SSDI benefits.
YOU DO NOT HAVE A SOURCE OF INCOME THAT EXCEEDS THE AVERAGE EARNINGS LISTED BY THE SOCIAL SECURITY ADMINISTRATION.
The Social Security Administration regularly evaluates its income thresholds.In general, you must make below the current average earnings amount for the SSA to consider you as having a qualifying disability. If you can work and generate more income than the current limit, you may not qualify to receive SSDI benefits.
YOUR MEDICAL CONDITION ACTIVELY PREVENTS YOU FROM WORKING, EITHER IN YOUR PREVIOUS INDUSTRY OR IN ANOTHER INDUSTRY.
The SSA evaluates disability in terms of whether you can still do the type of work you did before suffering from your disabling medical condition, and whether you can do any other type of work. If you have the ability to do work despite your disability, the Social Security Administration may decide you do not qualify for SSDI benefits. In making this determination, the SSA may review your past employment history, your education, and your relevant skills.
Potential Reasons the Social Security Administration Denied Your SSDI Application
According to the Social Security Administration, only around 21 percent of SSDI claims get accepted on the initial application. The Social Security Administration often denies initial SSDI applications for several common reasons that an experienced Las Vegas SSDI can often help you address.
- You failed to provide the information needed for the Social Security Administration to decide about your disability rating.
To receive SSDI benefits, you typically must provide substantial supporting information to the SSA. If you fail to provide any of that necessary information, the SSA may deny your claim.
An experienced Las Vegas SSDI lawyer knows how to navigate the claim process to increase the odds of submitting all the information needed to process your claim.
- The SSA determines that you do not have a qualifying disability based on the medical evidence provided.
Often, the SSA will deny a claim based on an applicant’s medical status. To qualify for SSDI benefits, you must show that you have a medical condition that prevents you from working based on the information you provided.
If your condition does not prevent you from working, or if the SSA determines that you do not have any qualifying condition, it may prevent you from getting the benefits you need.
Talk to an experienced SSDI lawyer if you have questions about how to establish that you suffer from a disabling medical condition. You may need to provide additional evidence of the medical condition you claimed as a disability, or new evidence of other disabling conditions, in order to receive SSDI benefits.
- You have income or assets over the SSA’s current limit.
To get SSDI benefits, you need to show that your disability prevents you from working and that you do not have income that can provide you with the funds you need to support yourself without receiving SSDI benefits. If your income exceeds the limit defined by the SSA, it may prevent you from getting those benefits.
If you can currently work despite your disability, even if it causes challenges in your daily life or personal life, it may also prevent you from receiving SSDI benefits. A knowledgeable SSDI attorney, however, can often clear up the SSA’s misconceptions or misunderstanding of your income and earning ability, to demonstrate that you do in fact need SSDI benefits.
- Your medical records indicate that you failed to follow treatment advice.
A doctor will often provide clear advice about the steps you need to take to maximize your odds of recovering to the point that you can return to work. If your medical records indicate that you failed to follow that treatment advice, the SSA may deny your claim.
But a skilled Las Vegas SSDI lawyer can often assemble information to dispute that conclusion, showing that you have, in fact, taken every reasonable step to follow your medical treatment instructions, and that you nevertheless continue to suffer from a disability that prevents you from working.
- You do not cooperate with the SSA’s investigation into your claim.
The SSA may want to communicate with you about your SSDI claim, your disabling condition, and your current work status.This may require you to speak with the SSA by phone, attend meetings, and provide follow-up paperwork and information.
Our experienced Las Vegas SSDI attorneys can handle all communications with the SSA for you. We will always cooperate with the SSA’s efforts to investigate your claim and provide the information requested, so it doesn’t prevent you from getting SSDI benefits.
- The SSA judges that you can return to work despite your disability.
The SSA may conclude from its investigation that you can reasonably return to work despite your disability. If the SSA judges that you can return to your former job or profession or that you have the capacity to work in another industry or job despite your disability, it may deny your claim.
A Las Vegas SSDI lawyer can often collect evidence and prevent arguments to dispute that conclusion, and instead establish that you cannot reasonably work in your prior position or any other job.
- The SSA judges that your disabling condition will not last at least one year.
To receive SSDI benefits, you must suffer from a disabling medical condition that lasts for at least one year. If your disability does not prevent you from working for at least that length of time, the SSA may deny your application for SSDI benefits.
A skilled attorney might assist you, however, in demonstrating to the SSA that your condition will not resolve within a year, and that it will instead prevent you from working over the long-term.
What To Do if the SSA Denies Your SSDI Claim
Don’t lose hope if the SSA denies your SSDI claim. It’s a common occurrence and it does not mean that you cannot receive SSDI benefits.
What it does mean, however, is that you could probably use some help in reversing the SSA’s decision and getting the financial support you need.
Taking the steps below can often help you get your SSDI benefits claim back on track.
- Review the reason for claim denial. The SSA should include an explanation in the letter that lays out the denial of your benefits. Sometimes the reason is minor and we can address it easily and quickly for you.
- Gather relevant documentation about your claim. Don’t wait to begin collecting the information you believe shows that the SSA has made a mistake in denying your claim. The sooner you gather that documentation and data, the quicker you or an experienced lawyer might succeed in reversing the SSA’s decision.
- Connect with an experienced SSDI lawyer for a free consultation. It costs you nothing to talk to an experienced Las Vegas SSDI attorney at Edward Bernstein and associates, even if you decide not to hire us to help you with your denied claim.
Las Vegas SSDI Claim FAQ
WHEN DO I NEED A LAWYER TO DEAL WITH AN SSDI CLAIM?
An experienced SSDI attorney in Las Vegas can help you at any stage of the claim application process. Working with a lawyer from the get-go can help to ensure that your application contains adequate information and documentation to secure an approval immediately. But if you have already filed a claim and received a denial, now’s also a good time to connect with the team at Edward Bernstein and Associates for a free consultation. The longer you wait to consult with a lawyer, the higher your risk of the SSA refusing to reverse their decision.
HOW LONG DOES IT TAKE TO GET SOCIAL SECURITY DISABILITY INSURANCE BENEFITS?
According to the SSA, it takes an average of three to five months for SSDI to approve an applicant and for payments to arrive. Claim denials, obviously, slow the process down dramatically, leaving you to go longer without the financial assistance you need. In our experience at Edward Bernstein and Associates, hiring a skilled SSDI attorney is the most reliable way to ensure that your application process goes as quickly as possible.
Enough Said. Call Ed to Discuss Your SSDI Claim.
Did you have your SSDI claim denied? The Las Vegas personal injury attorneys at Edward Bernstein and Associates can answer your questions and help you explore your options for convincing the SSA to reverse its decision. Contact us today or call (702) 840-5103 for more information.
Here is some helpful information from the Social Security Administration website:
We pay disability benefits under two programs:
- The Social Security disability insurance (SSDI) program pays benefits to you and certain family members if you worked long enough and paid Social Security taxes. Your adult child also may qualify for benefits on your earnings record if he or she has a disability that started before age 22.
- The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources.
SSI benefits also are payable to people 65 and older without disabilities who meet the financial limits.
For most people, the medical requirements for disability payments are the same under both programs and disability is determined by the same process.
Whether you apply for Social Security or SSI disability, we ask you for information about your medical condition, work and education history to help us decide if you are disabled under our rules.
Apply as soon as you become disabled. Most of the application forms can be completed online, depending on the type of benefit for which you apply.
Social Security Disability Benefits
You can complete both the Application and Adult Disability Report online.
Supplemental Security Income (SSI)
You can complete the online Adult Disability Report. Call 1-800-772-1213 (TTY 1-800-325-0778) or contact your local Social Security Office to set up an appointment to complete the SSI application form in person or over the phone.
Disability Benefits for Children
You can complete the Child Disability Report online. Call 1-800-772-1213 (TTY 1-800-325-0778) or contact your local Social Security Office to set up an appointment to complete the rest of the application in person or over the phone.
Supplemental Security Income FAQs
Q: How much is the SSI income limit?
As of 2020, the Federal Benefit Rate is $783 for an individual and $1,175 for couples. This is adjusted on an annual basis for things like the cost of living adjustment. In certain cases, you can make more and still qualify.
Q: How much money do I get with SSI?
While there is a standard rate of $771 per month, some beneficiaries can receive more than the Federal Benefit Rate, and some receive less.
Q: Are there limits to receiving SSI?
You will receive SSI benefits for as long as you remain disabled. The SSI benefits end when a person turns 65, at which point Social Security Benefits take over. In some cases, you can continue receiving SSI after the age of 65, depending on your birth date and other factors.
Q: Are there benefits available to me on top of SSI?
In order to receive SSI, you have to apply for all other benefits for which you might be eligible. This includes Social Security benefits, Supplemental Nutrition Assistance Program (SNAP) and Medicaid.
Q: Who receives SSI?
People who have long term disabilities, who have limited income and few resources. For an adult, being disabled can mean:
- The disability stops you from performing a substantial gainful activity (doing your job)
- Can possibly result in death
- Has lasted for over a year, or is expected to last over a year (is a long-term disability)
Q: Am I disabled? Who decides?
SSA (Social Security Administration) decides if you are disabled, based on the information you provide them. Often, applications will only be accepted after an appeal process.
Q: Do I have to be a citizen to receive SSI?
SSI is available to both citizens, and legal United States residents.
Q: Does SSI include Medicaid?
It should – you are encouraged to apply for Medicaid when you apply for SSI.
Q: How many people take advantage of SSI?
As of 2020, approximately 8 million people in America take advantage of the SSI program.
Q: Do I have to pay taxes on SSI?
You don’t have to pay taxes on SSI if you make less than $25K a year, or if your annual household income is less than $32K a year. If your income is more than that, your SSI benefits might be taxable.