Social Security Disability Attorney in Elkhorn, Nevada

Social Security Disability Insurance (SSDI) is based on your work history and Social Security tax contributions under 42 U.S.C. § 423. To qualify, you need sufficient 'work credits' earned through employment. Supplemental Security Income (SSI) under 42 U.S.C. § 1382 is needs-based, available to disabled individuals with limited income and resources regardless of work history. A Elkhorn disability attorney can evaluate which program(s) you qualify for.

The Social Security appeals process has four levels: (1) Initial application — 60–70% denial rate; (2) Reconsideration — 85% denial rate; (3) Hearing before an Administrative Law Judge (ALJ) — your best chance, approval rates around 50%; (4) Appeals Council review. Most Elkhorn claimants who retain an attorney do so at the ALJ hearing stage. The Las Vegas OHO (Office of Hearings Operations) handles Elkhorn ALJ hearings.

From initial application to ALJ hearing in Nevada, the process typically takes 18–30 months. During this time, a Elkhorn disability attorney can build your medical evidence file, obtain supporting opinions from treating physicians, and prepare you for ALJ testimony. If approved, you may receive back pay dating to your application date (or onset date minus a 5-month waiting period for SSDI). This lump sum can be substantial.

Studies show claimants represented by attorneys are approved at significantly higher rates than unrepresented claimants, especially at the ALJ hearing level. Elkhorn disability attorneys work on contingency under a federally regulated fee: 25% of your back pay, up to $7,200 (whichever is less). There is no fee unless you win. Given the complexity of Social Security regulations and the stakes involved, having a Elkhorn disability attorney is strongly recommended.

Social Security's Listing of Impairments covers hundreds of conditions. Common qualifying conditions for Elkhorn claimants include: musculoskeletal disorders (back/neck injuries, arthritis), cardiovascular conditions, neurological disorders (seizures, multiple sclerosis), mental health disorders (depression, PTSD, bipolar disorder), cancer, HIV/AIDS, and respiratory conditions. You don't need a condition on the list — SSA evaluates your ability to work based on your specific limitations.

You can work during the application process, but earnings above the Substantial Gainful Activity (SGA) threshold ($1,550/month in 2024 for non-blind applicants) will disqualify you from benefits. If you have any work activity, report it to SSA and your Elkhorn disability attorney. Some claimants can participate in a Trial Work Period after approval to test their ability to return to work without immediately losing benefits.