Roeschke Law, LLC regularly assists clients in Las Vegas with understanding and meeting the qualifications and eligibility requirements for Social Security disability benefits. Our disability lawyers are keenly aware that qualifying for disability benefits is complicated and claimants are often overwhelmed by the process. If you or a loved one are seeking disability benefits, you need the informed representation we provide.
Our legal team has a working knowledge of the eligibility requirements for benefits under the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. Give the complexities of the benefits claims process, working with our disability lawyers can mean the difference between obtaining the benefits you deserve and having your claim denied.
When you become our client, we will guide you through every step of a benefits claim, including:
- Submitting the initial application
- Filing a disability appeal
- Attending a disability hearing
- Requesting an Appeals Council review
Although navigating the federal bureaucracy is challenging, Disability Attorneys of Las Vegas will offer you trustworthy advice and guidance during this trying time. We have the dedication and determination to help you obtain the benefits you need and deserve. Please contact our office today to set up a free consultation.
What are the eligibility requirements for disability benefits in Las Vegas?
SSDI provides monthly benefits to individuals between the ages of 18 and 65 who cannot work due to a qualifying medical impairment. SSI offers a different set of benefits to disabled and blind individuals 65 and older who can demonstrate financial need. Both disability benefit programs have stringent qualifications and eligibility requirements, however, and the majority of initial claims are denied. The best way to protect your rights is to work with a skilled Las Vegas disability lawyer.
SSDI Eligibility Requirements
To qualify for SSDI, you must meet certain technical eligibility requirements in addition to having a qualifying impairment that prevents you from working. First, you must have earned a sufficient number of “work credits,” based on your age and the number of years you have worked.
Generally, 4 credits are awarded for each year you work, and the older you are, the more credits you will need. There is also a formula for determining eligibility that converts earnings into work credits: $1,300 in earnings is equivalent to one work credit, which means you must earn at least $5,200 to earn 4 credits for the year.
Finally, Social Security also relies on additional work tests to determine eligibility for SSDI: the recent work test and the duration of work test. In sum, understanding the qualifications and eligibility requirements for SSDI can be complicated and confusing, which is why you need an experienced Las Vegas disability lawyer on your team.
SSI Eligibility Requirements
SSI is a means-tested program under which benefits are provided to those who are disabled or blind and over the age 65. However, there are strict income and asset limits:
The income limit is based on the federal benefit rate (FBR), which combines the SSI income limit and the maximum available monthly payment. To qualify, your monthly income cannot be more than the FBR. Social Security only considers a portion of your monthly earnings, however, which makes understanding the income requirement difficult.
The asset limit is $2,000 for an individual and $3,000 for a married couple; however, a primary residence is excluded from the calculation of assets.
It goes without saying that understanding and meeting the income and asset tests for SSI can be difficult. At Disability Attorneys of Las Vegas, we will work closely with you to review your finances and help you pass the SSI means test.
Medical Eligibility Requirements for Disability Benefits in Las Vegas
When you submit an application for disability benefits, the first thing the disability examiner will look at is whether you meet the above-mentioned technical requirements for SSDI and SSI. If so, the claim will be sent for review by Disability Determination Services (DDS).
DDS will consider whether you have a qualifying impairment: a severe, long-term condition that is expected to last at least one year or result in death. In addition, to qualify for SSDI, your condition must also prevent you from performing any substantial gainful activity (SGA), as that term is defined by Social Security.
Finally, Social Security maintains a list of qualifying medical impairments known as the Blue Book. Because it is impossible to list every possible medical condition that may constitute a disability, you may still be eligible for benefits even if your impairment is not listed. However, a disability examiner must determine that your condition is medically equivalent to a listed impairment.
The disability lawyers at Roeschke Law, LLC are well-versed in the SSA’s listing of qualifying medical impairments and regularly work with medical and vocational experts to build convincing medical records. When you become our client, you will have peace of mind knowing that we are on your side.
Contact Our Experienced Las Vegas Disability Lawyers
If you have questions about the qualifications and eligibility requirements for Social Security disability benefits, turn to Disability Lawyers of Las Vegas. We will take the time to explain your rights and explore all your options. Whether you are seeking benefits under the SSDI or SSI programs, our legal team will handle your case with the personal attention it deserves. Because we recognize the medical and financial challenges facing you, we will not charge any attorneys’ fees until we win benefits for you. The sooner you contact Roeschke Law, LLC, the sooner we can get started on your disability claim.