Q&A's About Disability
Get Answers from Our Las Vegas Social Security Disability Lawyer and Representatives
How does the Social Security Administration (SSA) define "disabled"?
According to the
SSA, disability is when a person is unable to work due to a medical condition
that is expected to result in death or is expected to last for at least one year.
Do I have to be permanently disabled to qualify for benefits?
It is not required that your disability be permanent.
How can I apply for disability benefits?
You must file a claim with the SSA, either in person at a Social Security
office, over the phone, or on the internet. Applying for
benefits on your own can be frustrating and confusing, however, as the process
is complex and
potentially lengthy. It is recommended that you retain the help of a lawyer or representative
at Disability Action Advocates if you are planning to apply for benefits.
Our team will navigate the
application process on your behalf, in an effort to secure a positive outcome as quickly as possible.
Do I have to wait to apply for benefits after becoming disabled?
There is no waiting period to file a claim for benefits. If you expect
to be unable to work for a significant period of time as a result of your
condition, you can file your claim on the same day you are rendered disabled.
How will the SSA determine if I qualify as disabled?
The SSA will consider a number of factors in determining if you are disabled,
including your age, your education, your work experience, and the medical
issues you are currently facing. What the SSA is trying to establish is
whether or not you are able to do your past work.
How much will I receive if my claim is approved?
This depends on the
length of time you have worked, as well as your past earnings. Depending on your age, you will need to
have worked a specific length of time to receive benefits. The older you
are, the longer you must have worked.
What should I do if my claim is denied?
Only 40% of all disability claims are approved. If you are
disapproved, however, you have a number of options available to you. You can file
a request for reconsideration, or you may be able to request a
hearing with an Administrative Law Judge. However you proceed, your chances of
eventually obtaining approval will be increased if you have a Social Security
Disability attorney or representative assisting you in your case.
Can I work while I am receiving Social Security disability benefits?
If you are receiving disability benefits, you must know that there are
special exceptions that may allow you to return to work without losing your monthly benefits.
The Social Security Administration has a trial period where you can test
your ability to perform your job for at least 9 months within a 60-month
period and receive full Social Security Disability benefits during that
time regardless of how much you are making. After this trial period is
over, you will be allowed a total of 36 months in which you can work while
still receiving benefits for any month in which your earnings are not
considered "substantial." In 2012, the SSA considered any amount
where your total earnings are over $1,010 to be substantial.
Do I have to pay income tax on Social Security benefits?
If you file a federal tax return as an individual and if your total income
is more than $25,000, you will have to pay federal taxes on your Social
Security benefits. If you and your spouse file a joint return, you will
have to pay taxes if your total income is more than $32,000.
What Are Compassionate Allowances?
Compassionate Allowance Program was set up in 2008 with the intention of speeding up the initial claim
process for people who have specific conditions such as Adult Non-Hodgkin
Lymphoma or Thyroid Cancer. A full list of qualifying conditions as outlined
by the SSA can be found