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When Should I Apply For Social Security Disability Benefits and What Information Do I Need?

social security disability benefits

When to Apply

It’s important to apply for social security disability benefits as soon as you become disabled. The process for applying for benefits can be lengthy, often taking between three and five months after determining eligibility.

You’ll need specific personal and medical information when applying. Even if you don’t have the information described below, you can get the application started and provide additional information later. When you put off the application process, you may lose out on benefits. 

How to Apply

Many people put off the social security disability benefits application because they’re intimidated by the process. However, it’s very easy to get the application started. There are three options for getting in touch with Social Security to start your application.

  • Visit the Social Security website at www.socialsecurity.gov
  • Call the toll free number at 1-800-772-1213
  • Visit your local Social Security office in person

What You’ll Need

When you begin your application, you’ll need to provide some personal and medical information. To help your application to be processed quickly, be prepared to submit the following documents and information along with your completed application.

  • Your social security number
  • Your birth certificate
  • The names and professional contact information for doctors, hospitals, clinics, case workers, and others who provided your medical care, along with the dates of those visits
  • Information about all medications you’re currently taking
  • Any medical records from doctors, hospitals, clinics, case workers, or therapists that you have
  • Lab results and test results
  • Information about your place of employment and your job
  • A copy of your W-2 Form
  • Other filled out forms, as requested

If the social security disability benefits application process feels overwhelming, or if you’re confused about your eligibility status, contact a Las Vegas personal injury attorney for assistance. The attorneys at Greenman, Goldberg, Raby, Martinez Law Firm will help you through the process. 




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Who Decides If I’m Disabled for Social Security Disability Benefits?

social security benefits

If you’re disabled, you can apply to receive Social Security disability benefits. The decision of whether to grant benefits is up to the Social Security Administration (SSA) and the Disability Determination Services offices in your state.

Your application will first be reviewed to make sure you meet the basic requirements and worked enough years to qualify for disability benefits. The SSA will also review and evaluate your current work activities.

If your application passes this stage, it will be forwarded to your state Disability Determination Services office. The state agency will look at these components of your case, in the following order:

Are you working?

If your earnings exceed a certain amount, they probably won’t consider you to be disabled. Full-time employment will probably result in a denial of your claim.

Does your medical condition limit you significantly?

Your condition needs to significantly limit your ability to do basic activities that would be required at work, such as walking, standing, and remembering.

Does your disability meet the required level?

The agency has a list of impairments that it considers severe enough to cause anyone to be unable to hold a job. If your condition isn’t on the list, the state agency will determine if your condition is at least as severe as the others listed. If it is, you’ll be considered disabled. If not, the agency will move onto the next step:

Can you perform the work you previously did?

If the answer is yes, your benefits will be denied. If it’s no, the agency will determine if you can do other types of work.

Can you perform other work?

If you can, your claim will be denied. If you can’t do other types of work, your disability benefits will be approved.

Even if your benefits are denied, you can appeal the decisionGreenman, Goldberg, Raby, Martinez Law Firm has the experience to help you appeal your denial of disability benefits. Call 702-388-GGRM (4476) for a free consultation in Nevada.




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Free Legal Advice if you are Denied Social Security Benefits

Denied Social Security Benefits

If you have been denied Social Security benefits, you may feel like giving up, but that is not the best course of action. If your initial claims are denied, you need to do the following three things to increase your chances.

Appeal

You will be given a certain amount of time to appeal the decision. Make sure you file your appeal as soon as you can. Appealing keeps intact your original filing date and gives you the chance to have a judge review your file and make a decision. If you don’t file an appeal, and decide to submit a new claim later, you lose the time between the first and second filing dates and you risk being rejected for the same reasons you were rejected initially.

Gather More Information

If you can get additional information about your disability, this is the time to gather it. Visit your doctor, make sure you have a complete list of all medications and therapy you are going through, and keep every appointment made for you. In addition, if you have additional health or emotional problems that make the disability worse, get as much information on them as you can.

Hire an Expert

Having legal representation from a lawyer who specializes in disability cases can make a big difference in how serious your case is treated. Legal representation will help make sure every angle is taken care of and that you are not missing any details. It also gives you the added support necessary to keep going when you feel like all is lost.

Final Words

Appealing, providing every relevant piece of information and having legal representation add up to a powerful case that will improve your chances of being given disability. In the end, what may seem like a lot of extra work will be worth it.




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Workers Compensation Benefits and Process

hurt at work

When you’ve been injured at work, like so many people, you may have more worries and questions than answers. It’s important to understand the process for filing a workers compensation benefits claim in Nevada to ensure you protect your rights and benefits. In this way, you may focus on recovering from your injury or illness rather than worrying about the complexities and regulations often associated with a workers’ compensation claim.

Types of Workers’ Compensation Claims

Workers’ compensation insurance provided by your employer covers work-related injuries or occupational illnesses on a no-fault basis. “No-fault” means that you are protected no matter who or what was to blame for the accident or illness. Though, it also means that the injured or sick employee or their families can’t sue the employer for negligence.

Workers’ Compensation Benefits

Generally speaking, workers’ compensation benefits cover all medical costs associated with your work-related injury or illness. Moreover, you are entitled to lost earnings of 2/3 your average monthly wage. You may also be entitled to transportation costs to and from the treatment facilities for your injury or illness. Additional benefits may be awarded for temporary and permanent disability situations.

Filing a Workers’ Compensation Claim

According to Nevada law, you must file your workers’ compensation claim within 90 days of the injury or illness. If you’ve suffered a work-related injury or illness, ask for form C-1, Notice of Injury or Occupational Disease – Incident Report. Complete the form as soon as possible after the accident and no later than 7 days.

Next, if you seek medical treatment, your medical provider should give you form C-4, Employee’s Claim for Compensation/Report of Initial Treatment. This form actuates your workers’ compensation claim and must be filed within 90 days of the accident/injury.

Virtually all employers in the state of Nevada are required to carry workers’ compensation insurance. Additionally, nearly all employees are covered under workers’ comp insurance plans. Your employer must provide you the necessary forms and information for filing a workers’ compensation claim. Consult your human resources department or an attorney if you have questions about your employer’s workers’ comp insurance.

Be aware that not all claims are approved the first time they are filed. If your employer’s workers’ compensation insurance provider denied your claim, consult with an attorney. There are more avenues to pursue, such as hearings and appeals that can protect your rights, benefits and wages, and ensure you are covered through your temporary or permanent disability.

Even if your claim is denied, you can appeal the decision. Greenman, Goldberg, Raby, Martinez Law Firm has the experience to help you appeal your denial of workers’ compensation. Call 702-388-GGRM (4476) for a free consultation in Nevada.




Steps to Take After Being Injured on the Job Offer



Workers Compensation Forms

Workers Compensation

Workers compensation forms must be filled out correctly in order to receive benefits; using an experienced attorney can help. 

What sort of workers compensation forms will you need to file?

Incident Report

The incident report (form C-1) gives the basic information about your injury and treatment. You and your supervisor both sign this form. You must complete this form as soon as possible after your accident/injury and, in no event, later than 7 days.

See Steps to Take After Being Injured on the Job for more information on what to do right after the accident.

Claim for Initial Treatment

Remember to file and mail this form within 3 working days of getting treatment. Along with information required in the Incident Report, you will need to provide information about your company, insurance and your job. Additionally, you will need to have the doctor fill out and sign information about your injury, treatment and the result of X-Ray and other tests. Claims for medical treatment must be filed within 90 days of the accident/injury.

Request for Compensation

A third form, “Injured Employee’s Request for Compensation” (form D-6), is required to get paid for time lost on the job. This form also requires information about the accident and your employer and doctor’s appointments. In addition, you will need to explain:

  • Whether you have returned to work for that employer or another job.
  • If you have been disabled for five days or more.
  • When you can go back to work, or what type of work you can do.

Travel Reimbursement

If you traveled to go to appointments related to your injury, you will need another form (D-26) to claim reimbursement. For this form you will need:

  • Where you traveled.
  • Travel time and miles.
  • When you left and arrived.
  • Cost of meals and lodging.

Navigating the process of filling out worker’s compensation forms can be difficult, but an attorney with expertise in this area can help. To learn more about worker’s compensation in Nevada, contact Greenman, Goldberg, Raby, and Martinez Law Firm at 702-388-GGRM (4476).




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How Workers Compensation And Other Disability Payments May Affect Your Benefits

social security disability

Social Security benefits can be affected by many factors, some of which you may not even be aware. In certain situations, if you are receiving workers compensation or other disability payments, your Social Security benefits may decrease.

What is the Difference between Workers Compensation and Other Disability Payments?

Federal or state agencies, employers or an employer’s insurance company typically pay workers’ compensation. If you are receiving this type of payment, you were likely hurt on the job or sustained a job-related injury or illness. Publicly funded disability benefits generally means the payments are made by the local, state, or federal government. If you’re receiving this type of benefit, your disability is likely not work-related. You might be receiving civil service disability or state temporary disability benefits, for example.

How Are My Benefits Impacted?

When the government calculates your income, it takes into account the value of all of your benefits. This means if you’re receiving Social Security benefits, any additional income you receive, such as workers’ compensation or other disability payments, will be added to that number.

This final lump sum amount is the number used to determine if your Social Security benefits will incur a reduction. Your benefits cannot exceed 80% of your earnings prior to becoming disabled; this percentage is calculated as an average using a formula designed for your situation.

If all of the income you’re receiving from benefits combines to be greater than 80% of your prior earnings, the difference will be deducted from your Social Security benefits.

Here’s an example:

  • Average earnings before becoming disabled: $4,000 / month
  • Social Security benefit eligibility: $2,200 / month
  • Workers’ compensation benefits: $2,000 / month

Given the above information, you would receive a reduction in your Social Security benefits. Here is how the calculation would look:

  • 80% of average current earnings: $4,000 * 80% = $3,200
  • SS benefits + workers’ compensation: $2,200 + $2,000 = $4,200
  • SS Reduction: $4,200 – $3,200 = $1,000

In this example, your final SS benefit would be $1,200. 

If you are confused about the ways workers’ compensation and other disability payments are affecting your benefits, consider speaking with a Las Vegas personal injury attorney who can review your unique situation and discuss any possible options with you. To learn more about worker’s compensation in Nevada, contact Greenman, Goldberg, Raby, Martinez Law Firm at 702-388-GGRM (4476).




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