If you cannot work due to a medical condition or disability, you may qualify for Social Security disability. The Social Security Administration (SSA) provides financial assistance to this program when your condition will prevent you from working for at least a year or longer. However, the processes to file a claim are very complex and require the assistance of our experienced Summerlin, Las Vegas Social Security disability lawyers.

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    What Is SSDI?

    Two forms that read "social security disability claim. "

    SSDI (Social Security Disability Insurance) is a special program available through the SSA that provides monthly payments to people who are unable to work for at least a year or longer due to a qualifying disability. 

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    Who Can Qualify For Ssdi?

    The general qualifications for SSDI are:

    • You must have a qualifying disability related to a medical condition or be blind.
    • You must have a sufficient work history, where you worked for at least five of the past 10 years. 

    You can qualify for SSDI and continue to work in certain cases. However, your disability must limit you from earning income above the SGA (substantial gainful activity). Additionally, if you are not yet 24, your required work history qualifications can be different. 

    What Is The Difference Between Ssdi And SSI? 

    SSDI is one type of Social Security disability available to people who have a medical condition that results in disability and meets the minimum work history requirements. SSI (supplemental security income) is another disability program available through the SSA. 

    SSI allows people of all ages, including children with disabilities, as well as elderly adults, to receive monthly payments. The qualifications for SSI include:

    • Little or no income
    • Little or no resources
    • A qualifying disability, blindness, or age 65 or older
    • No minimum work history requirements

    What Benefits Are Available With SSDI And SSI?

    There are different benefits available with SSDI and SSI programs, in addition to the monthly monetary payments. 

    SSDI Benefits

    • Medicare: After 24 months of SSDI payments, people can qualify for Medicare health insurance. 
    • Disabled widow/widower benefits: These are monthly payments for surviving spouses who were disabled before or shortly after their spouse’s death.
    • Disabled adult child benefits: These are monthly payments for surviving disabled adult children who are disabled and receive the majority of support from a parent who died. 

    SSI Benefits:

    • Medicaid: Medicaid health insurance is available without a waiting period for qualifying individuals. 
    • SNAP: Food assistance through SNAP (supplemental nutrition assistance program) is available for many people receiving SSI payments.
    • State supplemental payment: Nevada does provide supplemental payments in addition to the federal amount received for SSI for blind and elderly recipients. 

    Why Should I Hire A Social Security Disability Lawyer?

    If you attempt to file your disability claim by yourself, it most likely will be denied, as around 80% of initial claims are rejected. In most cases, it was because the person did not provide everything required to process their claim, such as medical records and documentation to support their long-term disability. 

    Hiring a Social Security disability lawyer can help improve your claim being approved initially for several reasons, including:

    • Legal expertise: Your lawyer has extensive knowledge of SSDI and SSI regulations, rules, and the evidence required as part of the application process.
    • Ensures your application is accurate: Your lawyer knows what information the SSA requires and completes it correctly, reducing the risk of it being denied. 
    • Gathers evidence: Your lawyer assists you in gathering all the necessary evidence for your SSDI or SSI claim.
    • Has access to medical experts: Your lawyer can call on medical experts to provide documentation to support your long-term disability.
    • Hearing representation: When the SSA requires a hearing, your lawyer represents you and your interests.
    • Files an appeal: If your application is denied for some reason, your lawyer will file an appeal.
    • Expedited processes: Your lawyer knows how to expedite your application or appeal to ensure you get timely results.  

    How Much Do Social Security Disability Lawyers Charge?

    At Adam S. Kutner, Injury Attorneys, our Social Security disability lawyers work on a contingency basis. We will not charge you any upfront legal fees to assist you in filing your SSDI or SSI claim with the SSA. Instead, we will collect a percentage of your back payments owed by the SSA for our legal fees. 

    Your lawyer will explain how much this percentage is during your free consultation. We will also handle all appeals and other processes until your claim is approved. In the event SSA will not approve your claim, you owe us nothing. 

    How Do Lawyers Get Paid For Social Security Disability?

    Lawyers get paid a percentage of the back pay owed to the individual. The amount can vary depending on how much SSDI or SSI the person is entitled to receive based on their work credits, prior earnings, and other factors. 

    For example, you qualify for $1,000 a week in SSDI. You are owed 12 weeks of back pay by the SSA. Your lawyer charges 25% for their legal fees. So, you would owe your lawyer $3,000 (25% of $12,000) for their legal fees once you receive your 12 weeks of back pay. 

    Is Social Security Disability Taxable? 

    Social Security disability payments can be taxable when you exceed specific thresholds in earning amounts if you receive SSDI. In addition, when you receive the initial lump-sum payment for back pay, it is taxable. 

    However, you can elect to have taxes deducted from your SSDI payments to reduce your tax liability when you file your federal tax return. Since Nevada does not have state income tax, you do not have to worry about paying state taxes for SSDI payments. 

    If you qualify for SSI payments, these are not taxable. You do not have to report SSI payments on your federal tax return. 

    Can I Get SSDI Or SSI After Settling A Personal Injury Lawsuit?

    You can often qualify for SSDI or SSI or possibly both, even after receiving a settlement from a personal injury lawsuit. For example, our Summerlin car accident lawyers settled your case, and you were left with long-term injuries preventing you from returning to work. Even though you now have a large cash settlement, our lawyers will assist you in applying for Social Security disability payments when you qualify for this monetary support. 

    Get Help From Our Social Security Disability Lawyers Today

    Whether you are getting ready to file for Social Security disability or your claim was denied, our Summerlin personal injury lawyers are here to help. We have the expertise and knowledge to increase the likelihood of your claim being approved, so you can start receiving your benefits sooner. Get the help and support you need from Adam S. Kutner, Injury Attorneys, today.

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      Adam s. Kutner - las vegas car accident lawyer
      Adam S. Kutner
      PERSONAL INJURY LAWYER

      With more than 34 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.