When medical problems keep you from doing your job, you might be wondering what to do. You might be eligible to pursue a claim for disability benefits. The Social Security Administration (SSA) oversees two different disability programs that provide monthly benefits to disabled workers. You must meet specific criteria to qualify for benefits. Your condition must be terminal in nature or it must last at least a year or longer.
The SSA uses a medical guide, which is called the Blue Book, to determine if you are classified as disabled. Most disability claims are denied. If your claim is denied on the initial review, you can request a reconsideration review. If your claim is once again denied during reconsideration, you can request an appeal hearing before an administrative law judge (ALJ).
Disability claims are denied for many reasons. However, there are some more common reasons for claims being denied. The most common reason for claim denial is the lack of hard evidence being provided. If Disability Determination Services (DDS) cannot access medical records that accurately show the severity of your condition and your restrictions and limitations, they cannot fairly evaluate your case. If you have a diagnosis and fail to continue with follow-up care, then DDS cannot determine if your condition has worsened or improved. If you are still working, if your income exceeds the substantial gainful activity (SGA) threshold, your claim will be denied.
Visiting the Office of Disability Adjudication and Review in Nevada
If your initial application is denied then you request a reconsideration review and it is also denied, you can request an appeal hearing before an ALJ. Appeal hearings are held at the Office of Disability Adjudication and Review (ODAR). There are two ODARs in the state. In Nevada, it takes an average of 17.5 months for a hearing.
In the state, it takes an average of 571 days to process a claim. About 37% of claims in the state are approved at the hearing level in Nevada. At the hearing, you will be questioned by the ALJ and a vocational expert. These questions are used to determine what kind of work, if there is any, that you can do. Your age, work history, educational background, work skills, and medical problems are all considered together.
At the Las Vegas ODAR, there are 8 judges. With an average wait time of 18 months and an average claim processing time of 575 days, about 38% of cases are approved on the hearing level there. The Reno office has three judges and an 18-month wait time. The average processing time for claims there is 568 days. About 35% of claims are approved in the Reno ODAR. An attorney can help you prepare for questioning at the hearing. Your questions will be relevant to your condition and your specific work duties. You want representation at the hearing.
Getting Help From A Disability Attorney
Disability claims are complex and challenging. Because of the complexity of such cases, you need to enlist the help of a Social Security lawyer. An attorney will help you gather up all your medical records, documentation and evidence. Your attorney can also accompany you to DDS or the local SSA office to make sure your file is ready for a fair review with all evidence in place. Your attorney will handle all correspondence between you and the SSA. Your attorney will also help you get prepared for the hearing and represent you at the hearing when you appear before the judge. There are several different SSA offices throughout the state.
Social Security Administration
1250 S Buffalo Drive #150
Las Vegas, NV 89117
Social Security Administration
1170 Harvard Way
Reno, NV 89502
Social Security Administration
4340 N Simmons Street
North Las Vegas, NV 89032
If you are unable to work because of a medical condition, fill out the Free Case Evaluation Form on this page. Your details will be shared with a Social Security attorney who will provide you with a free case review and who will help you get your claim on track. With the help of a lawyer, your odds of a successful claim improve greatly.
