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FAQ

Social Security Disability

Arthritis and similar musculoskeletal disabilities often related to repetitive stress injuries are among the most common disabilities approved for Social Security Disability benefits. Arthritis afflicts tens of millions of Americans at any given time. This high case number could indicate that arthritis SSD claims are so common because the disease is so common, too.

There is no guaranteed way to “increase” your chances of getting SSDI because every case is unique and judged on its own merits. However, you can better avoid mistakes during the process by following all your doctor’s orders, being honest at every step, and of course, working with a skilled SSD attorney.

According to the Social Security Administration (SSA), most SSD approvals take four months from the date of the original filing, but some cases resolve in only three months. Each case’s circumstances factor into how long it might take to get final approval for SSD benefits, though. Some cases may take five or six months or even longer.

If medical evidence shows that you are unable to work in all conceivable situations, you may be given a 100% disability rating, which can be evaluated by the SSA, Veterans Affairs (VA), and other such organizations. If you cannot care for yourself in a meaningful capacity or handle day-to-day tasks alone, such hardship can be weighed when assigning your disability rating. Also, severe health conditions may qualify you for a complete 100% disability rating by default, such as total blindness or multiple amputations.

An SSD claim can be denied for many reasons, but not providing enough medical evidence of the disabling condition is one of the most common. If you are filing for SSD or SSDI benefits, it is important to ensure that your condition has been at least recognized by your medical provider. Of course, a diagnosis with medical evidence that explains the diagnosis is ideal.

In a typical SSD claim, you must have been considered disabled for at least five months before benefits can be granted, which is meant to ensure that your disability was serious and/or permanent enough to warrant SSD benefit eligibility. However, if you were previously eligible for disability benefits, no longer needed them, but then became disabled again within five years of your previous eligibility, the five-month waiting period can be waived.

Bertoldo Carter Smith & Cullen makes it simple to talk to an attorney about SSD cases, claims, and lawsuits. You can either use an online contact form or dial 702-800-0000 at any time.

Social Security Disability Insurance (SSDI) is a federal program designed to provide income support to people who are unable to work due to a physical or mental disability that is expected to last at least one year or result in death. Funded by payroll taxes under the Federal Insurance Contributions Act (FICA), SSDI is a Social Security Administration (SSA) program. Eligibility for SSDI requires that the applicant has worked and paid into the Social Security system for enough years, typically based on their age at the time the disability begins. The amount of the monthly benefit is based on the individual’s earnings record, reflecting their contributions to the Social Security system.

Supplemental Security Income (SSI) has the same disability requirements as SSDI, but it is designed for individuals who have not paid enough in payroll taxes to qualify for SSDI. To be eligible for SSI, applicants must have few assets or money in the bank. Sometimes applicants may qualify for SSI and SSDI at the same time.

Social Security Disability Benefits, whether SSDI or SSI, include a monthly cash payment. The amount of SSDI payments is based on the individual’s earnings record and the total Social Security taxes they have paid. SSI benefits are a fixed amount determined by SSA. In addition to the financial benefits, after receiving SSDI for two years, beneficiaries can become eligible for Medicare, regardless of their age, providing them with health insurance coverage. The SSDI program also includes work incentives for some applicants or beneficiaries, such as trial work periods, allowing them to attempt to return to work while still receiving benefits.

Social Security Disability Benefits, whether SSDI or SSI, include a monthly cash payment. The amount of SSDI payments is based on the individual’s earnings record and the total Social Security taxes they have paid. SSI benefits are a fixed amount determined by SSA. In addition to the financial benefits, after receiving SSDI for two years, beneficiaries can become eligible for Medicare, regardless of their age, providing them with health insurance coverage. The SSDI program also includes work incentives for some applicants or beneficiaries, such as trial work periods, allowing them to attempt to return to work while still receiving benefits.

Social Security Disability Benefits typically last as long as the beneficiary remains disabled and cannot engage in substantial gainful activity, with the expectation that the disability will last at least one year or result in death. However, the Social Security Administration (SSA) conducts periodic reviews of the beneficiary’s medical condition to determine if they continue to meet the criteria for disability. The reviews may occur every few months or every several years depending on the likelihood of medical improvement. If a beneficiary’s health improves to the point where they can return to work and perform substantial gainful activity, the benefits may be discontinued. Otherwise, SSD benefits continue until the recipient reaches retirement age, at which point they transition from receiving disability benefits to retirement benefits under the Social Security program.

Long-term disability benefits are provided through private insurance policies purchased on an individual basis or provided by your employer. As a general rule, you can collect both SSDI benefits and LTD benefits. In fact, many long-term disability insurance companies require anyone who receives LTD benefits to apply for SSDI as well. Your LTD insurer will offset the amount of SSDI benefits from your LTD payments. The combination of SSDI and LTD benefits will then equal the LTD benefits you got before applying to qualify for Social Security Disability.

Receiving Social Security Disability Benefits can create financial support, but also unexpected complications. SSDI benefits are typically lower than the recipient’s pre-disability income, which can create new financial strain. Beneficiaries must also undergo periodic reviews of their disability status, which can add stress and uncertainty about the continuation of benefits. Furthermore, beneficiaries must not receive income for work activities above a certain amount. This is known as “substantial gainful activity.”

Some of the most common reasons that SSDI claims get approved include musculoskeletal disorders, such as severe back conditions and arthritis, which can limit mobility and physical function. Mental disorders, including depression, anxiety, and schizophrenia, are also prevalent causes, as they can severely impact cognitive functions and the ability to maintain employment. Neurological disorders like multiple sclerosis, Parkinson’s disease, and epilepsy can lead to progressive physical and cognitive decline, necessitating long-term support. Other common issues cited in SSDI claims are heart conditions and various forms of cancer.

Personal Injury

If you have been hurt because of another person’s negligent actions or inactions, you may have a personal injury case that will allow you to pursue financial compensation for lost wages, medical expenses, and other damages, which is why you should hire a Las Vegas personal injury attorney to review your injuries and the negligent circumstances that caused them.

7 days to file a Notice of Injury with your Employer and 90 days to see a Doctor fill out a Claim for compensation. Of course, always best to notify your Employer immediately of an injury.

Determining how much your Nevada personal injury case is worth requires a complete evaluation of your injuries and the medical care you will need now and going forward. We will also determine the complete extent of your economic damages, including lost wages and property damage, so you are not left paying for any expenses out of pocket. Each personal injury case is unique and requires a full investigation to ensure no detail is left to chance.

Find an attorney who specializes in workers compensation like we do to represent you and appeal the denial immediately. You are only allowed 70 days to appeal the Insurer’s initial determination.

Since all personal injury cases are unique, your personal injury claim will produce results once all the facts are available to begin negotiations. Our Las Vegas personal injury lawyers will work directly with the negligent party’s insurance company to reach a quick resolution through a settlement negotiation or pursue your claim at trial.

You have to ask yourself if you have sufficient knowledge to go toe to toe with the insurance company or defense attorney. Do you think what they’re going to tell you is accurate or in your best interest? They have completely opposite interest than you. They don’t want to protect you. Instead, they want two things: 1) protect their insured/client; and 2) pay you as little money as possible to settle the claim. They don’t care if you need medical treatment. In fact, they want you to settle as soon as possible, even if you still need treatment, haven’t fully recovered, and still may miss work. A good, experienced attorney will know how to prove your claim, what’s necessary, when to negotiate, and how to negotiate, all with the threat of a lawsuit if they’re not reasonable. This is the best way to avoid regrets, including being taken advantage of by your lack of knowledge and power position.

Most personal injury cases do not proceed to trial. Most personal injury cases can be resolved through settlement negotiations. When those negotiations break down or our attorneys do not believe our clients are getting the best outcome, we have decades of legal experience to succeed inside the courtroom.

Negligence is a legal cause of action used when someone is injured due to the fault of another. In order to win a case based on Negligence you must show 4 things.

  • There is a legal duty owed by the defendant (at fault person) to the plaintiff (injured person).
  • The defendant breached the duty.
  • The plaintiff was injured.
  • The injury was caused by the defendant’s breach of the duty.

In the State of Nevada, personal injury victims have two years from the date their injury occurred to file a personal injury claim. It is important to file a claim within the allotted time, or the courts will almost certainly – in nearly all cases – refuse an extension.

It depends. You only get one chance to settle with the insurance company. Once you agree to settle, there is no way to re-open your case or get more money. If you take a settlement too early, you may not fully understand your injuries, or the extent of the injuries and the needed treatment. That is why it is important to see the proper doctors and get the appropriate recommendations for treatment. It does not benefit you to rush into settlement, which is what the insurance companies want you to do. You have 2 years from the date of your injury in most cases to file a lawsuit (medical malpractice is 1 year). You absolutely do not have to rush into settlement. Take your time to fully understand the injuries you have and what your need for future medical treatment will be. The Insurance company will still be there several months or even a year later. Most importantly, speak with an experienced attorney to understand all your rights and make sure you are receiving everything you are entitled to under the law.
When you file a claim with the insurance company the claims adjuster will likely want to speak with you to get your statement about what occurred as well as gather some information about your injuries. Typically they ask to take a recorded statement so that they have a record of what you say, which will become part of your claim forever. Recorded statements can be harmful to your case as the adjuster is an expert at asking questions or phrasing them in a way to trip you up to say things that may negatively affect your claim. You are not required to give a recorded statement to the adjuster. If you do decide to give a statement, and have not consulted with a personal injury attorney, then it is best to stick to the facts of the crash. Write them down and read them verbatim from your paper. Do not add personal comments or give narratives or even go off script because those distract from the facts and the adjuster may use that extra commentary against you. If you find yourself in doubt, do not be afraid to decline to give a statement and contact an attorney for advice.

A wrongful death claim is a personal injury claim that arises because of the intentional, reckless, or negligent conduct of a party that caused the death of another. The representative of the person’s estate, his or her heirs, including the surviving spouse, surviving children, or the surviving parents if no spouse or children, may be able to bring a claim for money damages. In Nevada, a claim for wrongful death must be brought within two years from the date of the death. It is best to consult with an experienced personal injury attorney who can advise on the rights and remedies available under Nevada law.

The compensation you may be entitled to depends on the extent of injuries: damages as well as liability. To make sure that you’re receiving fair compensation, you should consult with an attorney who has experience about Nevada vehicle law and rights to compensation.
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