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 decision. Greenman, 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.