Although Social Security disability benefits are available to individuals in Las Vegas who cannot work due to a medical condition, the majority of initial claims are denied. While claimants have a right to an appeal, the process is lengthy and complicated and usually requires attending a disability hearing. It is imperative to be represented by an experienced disability lawyer for representation at disability hearings.
At Roeschke Law, LLC, we are highly experienced in handling disability appeals and have a proven history of achieving successful outcomes in disability hearings. When you work with our dedicated advocates, we will fight for the disability benefits you deserve. Because we understand your medical and financial burdens, we will not charge any attorneys fees until we win your claim. Please contact our office today for a free consultation.
Disability Appeals in Las Vegas
Disability benefit claims are typically denied when the SSA finds:
- The application contains errors/omissions
- The applicant does not meet the work credit test (SSDI) or financial resources test (SSI)
- The impairment does not meet the SSA’s definition of a disability
- The medical record does not support the claim
When an application for disability benefits is denied, the SSA will send a notice informing the claimant of the reason(s) for the denial and of his or her right to appeal.
The first step in the appeals process is to submit a Request for Reconsideration within 60 days of receiving the denial. In a reconsideration claim, the file will be reviewed by a different disability examiner than the one who was involved in the initial review. For a reconsideration claim to be approved, however, there must either be a new diagnosis or the medical condition must have worsened.
If a reconsideration claim is denied (less than 20 percent are approved), the next step is to request a disability hearing. Having Disability Attorneys of Las Vegas represent you at the hearing can mean the difference between obtaining the benefits you deserve and having your claim denied.
What happens at disability hearings?
It is important to note that a disability hearing is not a court proceeding before a judge. Instead, it is a relatively informal meeting conducted at the SSA field office by an Administrative Law Judge (ALJ) who is an SSA attorney authorized to make a decision about the claim.
The only people who attend the disability hearings are you, your attorney, the ALJ and any expert medical and vocational witnesses. The ALJ starts the hearing by reading a statement of facts about the benefit claim and then asks you questions relevant to your claim, such as:
- Your medical condition
- Treatment received
- Work history
- Limitations caused by your impairment
After your testimony, your attorney can speak on your behalf and ask you additional questions about your medical condition. At Roeschke Law, LLC, we also enlist medical and vocational experts to provide additional evidence and testimony in support of benefit claims. The ALJ will make a final decision after the hearing, of which you will be notified within 60 to 90 days of the hearing date.
You should know that the ALJ is not bound by earlier decisions and will re-evaluate your claim from a fresh perspective. Finally, a disability hearing is not the end of the disability appeals process. If your claim is denied, we can request another hearing before the Appeals Council to have the decision overruled.
Contact Disability Attorneys of Las Vegas
If you are seeking Social Security disability benefits, it is crucial to work with the right lawyers. Our legal team handles all phases of the disability appeals process and has the skills and experience to represent you at your disability hearing. When you consult with us, we will take the time to prepare you for the questions the ALJ may ask. We will also call upon experts to present convincing evidence and testimony about your condition and inability to perform your job or any other type of work.
At Roeschke Law, LLC, we will always stand by you, offering you both knowledge, compassion, and the personal attention you deserve. If you are seeking disability benefits or your claim has been denied, turn to Disability Attorneys of Las Vegas. The sooner you contact our office, the sooner we can get you the disability benefits you deserve.