Physical injury and other such medical conditions are the first things that come to mind when people think of Social Security disability benefits. Disability could be the result of an accident or violent incident. A condition like diabetes or arthritis could leave someone physically disabled. Sometimes, disability results from exposure to environmental toxins or other hazardous substances or even genetic factors.
Disability insurance through the Social Security Administration (SSA) offers payments to some workers suffering from physical impairments. Unlike workers’ compensation, a disability need not be work-related to qualify for SSDI.
When a person becomes physically impaired to the point where they are unable to return to the same position they held before or are unable to return to work at all, they could file a Social Security disability claim to receive some compensation for their lost wages. Learn more about disability insurance for physical impairments in Las Vegas and whether you qualify by scheduling a free consultation with a seasoned SSDI lawyer at Shook & Stone.
Qualifying for SSDI Payments
A person must qualify to receive SSDI benefits for a physical impairment in Las Vegas, and some people do not meet the threshold criteria. An attorney could review a specific worker’s situation and determine whether applying for SSDI benefits is worthwhile. The initial questions are whether a worker has sufficient SSA credits, is currently unable to work, and will remain out of work for a substantial period.
Sufficient Credits
Working for an employer who makes Social Security Disability Insurance payments generates Social Security credits. You can get a maximum of one credit for every quarter you are employed. If you are a freelancer or independent contractor, you earn credits on the same basis as long as you declare your income and pay taxes.
The number of credits required to access SSDI benefits depends on your age at the onset of disability, but it will be between six and 40 credits.
Employment Status
You must have been out of work for health reasons for at least five months before applying for SSDI benefits. If you can work at any job, even if you cannot return to your prior employment due to disability, you might not qualify for SSDI payments. However, if you have a job, but your performance is poor due to your disability, that could indicate you are too disabled to work.
The SSA will evaluate whether you are engaging in “substantial gainful activity (SGA)” when determining whether you are too disabled to work. If you earn more than a set amount, you could be disqualified. Although the income you earn is a factor, it is not the only consideration. If you can volunteer and perform well, you might be considered well enough to work.
Duration of Disability
Short-term disability does not qualify for SSDI. You must be able to establish that your condition will prevent you from SGA for at least 12 months to be eligible for SSDI.
Establishing Significant Physical Impairment
SSDI benefits are available for Las Vegas workers experiencing severe physical impairment that prevents them from working. The Social Security Administration’s website provides a detailed list of eligible impairments. You will need to submit medical records and other documentation to prove your diagnosis.
Some of the hundreds of listed conditions include:
- Asthma
- Heart disease
- Many cancers
- Balance disorders
- Digestive disorders
- Some skin diseases
- Autoimmune disease
- Kidney and liver disease
- Impaired vision or hearing
- Skeletal disorders like degenerative disc disease
These are only some of the impairments covered by SSDI benefits.
As long as a physical impairment will or is expected to last at least 12 months or to result in death, Social Security disability should be granted. If you are disabled but your condition does not appear on the SSA’s list, you still could qualify for benefits. Our proactive attorneys at Shook & Stone could collect medical evidence and information from your employer to demonstrate that your condition is severely disabling.
Getting SSDI for Physical Impairment
SSDI is available for those who qualify according to the requirements provided by the SSA. If you have been working for the required length of time for a company that offers SSDI and your injury or physical impairment is approved by the SSA, you should receive benefits. If you are denied SSDI benefits for a valid claim, you may then be able to appeal the claim and obtain a reversal of the decision. Speak with a Las Vegas Social Security disability lawyer to learn more.
Discuss Qualifying Physical Impairments With a Las Vegas SSDI Attorney
Our attorneys have more than 85 years of collective experience and will work as a team to build a strong case on your behalf. Whether you need to determine your eligibility for SSDI benefits or you need to appeal a denial, we are prepared to help. Your initial consultation is absolutely free, so call our offices today or complete our free online case evaluation. The sooner you retain skilled representation, the sooner you can begin receiving disability insurance for physical impairments in Las Vegas.
