If your claim for disability benefits has been denied, you have a right to file disability appeals. Nonetheless, the appeals process can be lengthy and complicated. When you consult with Roeschke Law, LLC, you stand a better chance of obtaining the benefits you need and deserve.
Our disability appeals lawyers are dedicated to protecting the rights of disabled individuals throughout Las Vegas. Social Security disability benefits are designed to provide needed financial resources to those who cannot work due to a medical condition; however, the majority of initial claims are denied.
Although claimants can appeal a benefits denial, navigating the federal bureaucracy is challenging, especially for those who are living with a disabling condition. That’s where a disability attorney comes in.
Backed by a proven history of achieving successful outcomes in disability appeals, we will make your claim our cause. We have the skills and determination to fight for your rights. Contact our office today. We offer free consultations and will not charge any attorney’s fees until we win disability benefits for you.
Am I eligible for disability benefits?
To qualify for disability benefits in Las Vegas, you must have a qualifying medical impairment. The Social Security Administration (SSA) defines a disability as a medical condition that is expected to last at least one year or result in death. Your disability must also prevent you from performing any substantial gainful activity (SGA).
While this sounds straightforward, disability examiners consider a number of factors when reviewing a claim. In addition to the technical requirements for obtaining disability benefits, there must be sufficient medical evidence that supports the claim. Additionally, the results of required consultative exams will weigh heavily in your claim.
This is why it is imperative to have Disability Lawyers of Las Vegas in your corner. Our legal team is well-versed in the technical and medical eligibility requirements for obtaining disability benefits. Moreover, we regularly work with medical professionals in multiple disciplines to build convincing medical records; evidence that will ultimately serve as the basis for a well-conceived disability appeal.
Why are disability benefit claims denied?
Applying for Social Security disability benefits is challenging: the application is very detailed, and a substantial amount of additional information must be provided in support of your claim. If the application contains mistakes or any information is missing, the application will be denied.
In addition, there are basic eligibility requirements for benefits under the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. SSDI is “insurance” that is available to individuals between the ages of 18 and 65 who have paid into the Social Security system income tax deductions. Another requirement is to have acquired enough work credits, which are determined by your work history: the older you are the more credits you will need.
SSI is different because the program is funded through general tax revenues, so it is not necessary to have paid into the Social Security system. However, SSI is only available to individuals who are disabled, blind and 65 or older and who demonstrate financial need.
If you do not meet the work credit test or financial resources test for SSDI or SSI, respectively, your claim will be denied. In addition, your claim will likely be denied if a disability examiner determines that your condition does not prevent you from working.
Disability Appeals in Las Vegas
If your claim is denied, you will be notified in writing by Disability Determination Services (DDS). The notice will explain the reasons for the denial and inform you of your right to a disability appeal. You have 60 days from the date of the letter to initiate an appeal, which includes the following steps:
- Request for Reconsideration — Here, the claim will be reviewed by a different disability examiner than the one who reviewed the initial claim. Reconsideration claims are generally only approved when a new diagnosis has been made or the claimant’s condition has deteriorated; however, our disability lawyers may also be able to prove that errors were made in the initial disability determination.
- Disability Hearing — If the reconsideration claim is denied, you have 60 days to request a disability hearing before an Administrative Law Judge (ALJ). It is imperative to be represented by an experienced disability lawyer to make sure your rights are protected and that your testimony backs your claim. We will also enlist medical and vocational experts to give their opinions about the severity of your impairment and how it limits your ability to work. The ALJ will make a decision after the hearing and a written notice will be sent to you between 30 and 120 days of the hearing date.
- Appeals Council — If the ALJ denies your appeal, you can request a hearing before the SSA Appeals Council. The council can take one of three actions: overturn the decision, remand it to the ALJ for further consideration or affirm the judge’s decision.
Contact Our Experienced Nevada Social Security Disability Appeal Lawyers
Roeschke Law, LLC is committed to protecting the rights of disabled individuals and their families throughout Las Vegas. If your disability claim has been denied, we can help. Our disability appeals lawyers will work tirelessly to help you obtain the benefits you deserve. When you become our client, you can rest assured we will always stand by you. Please contact our office today to set up a free consultation.