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Our Las Vegas Social Security Disability Attorneys Can Help

First, you should know that most people ARE DENIED on their first attempt to obtain Social Security benefits. Don’t get discouraged. It’s important to realize that you only have 60 DAYS TO APPEAL from the date of your denial letter! If you do not appeal, you have to begin the whole process over again. This is why it’s so important to have the guidance of a local Las Vegas attorney.

To receive Social Security Disability benefits, a disabled worker must be “insured.” Insured means that the worker must have an earnings record. In other words, you must have worked long enough—and recently enough—and you must have paid into the Social Security system to qualify for Disability benefits.

In some circumstances, a third party may also make a claim on the disabled worker’s earnings record. For example, when a person dies, certain members of the family may be eligible for survivor’s benefits if the deceased worked, paid Social Security taxes, and earned enough credits.

Determining Disability

The Social Security Administration considers you to be “disabled” under Social Security rules if:

  • You cannot do work that you did before and you cannot adjust to other work because of your medical condition(s).
  • Your disability has lasted or is expected to last, for at least one year or result in death.

You may be eligible for SSD benefits if you can answer “yes” to any of the following questions:

  • Do you have a severe physical and/or mental impairment that prevents you from working?
  • Do you have a disability that prohibits you from working in any capacity-not just in the job you held previously?
  • Has your disability lasted—or is it expected to last—for at least one year?
  • Is the disability life threatening?

Supplemental Security Income (SSI) Benefits are provided to low-income disabled children and adults. If you are injured, are unable to work, and have been denied Social Security Disability or Supplemental Security Income benefits, you need to know your legal rights. Our Nevada attorneys may be able to help you.

If your application for Social Security Disability benefits was denied, you must immediately begin the appeal process. You only have 60 days to appeal the denial and preserve your claim. The SSD lawyers at Edward Bernstein & Associates understand the frustration of being denied Social Security Disability benefits that you desperately need. That’s why our Las Vegas lawyers are dedicated to guiding you through the SSD appeals process. Take advantage of our free legal evaluation offered by our Las Vegas SSD legal team.

Here is some helpful information from the Social Security Administration website:

We pay disability benefits under two programs:

  • The Social Security disability insurance 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.

practic-areas-ssSocial 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.

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