Understanding Short-Term Disability Laws In Nevada

If you have contracted an illness, are coping with a medical condition, or experienced an injury, you have a lot on your plate. You may face an uphill battle if you cannot return to work. But you’re not alone. Each year, at least 5% of Americans face a disabling condition that requires them to apply for temporary Social Security Disability Insurance.

In this article, we will go over short-term disability and temporary partial disability benefits in Nevada, how to determine your eligibility, and how you can receive fair compensation if you have been injured to the point that you cannot work.

What Are My Options If I’m Temporarily Injured or Become Ill? 

With the physical or mental injury comes thousands of dollars in medical bills, financial difficulties, and career pauses—not to mention the damage to your overall well-being. You may feel unsure of how you will make ends meet, especially if your impairment isn’t permanent.

The good news is that the state of Nevada has laws to ensure that workers receive fair short-term disability or temporary partial disability (TPD) benefits if they are injured and cannot return to work. The Nevada Department of Health And Human Services helps people like you obtain monthly benefits that can help ease the burden of dealing with your medical conditions or injuries.

Through Nevada’s worker’s compensation and disability laws, claimants can receive financial compensation for their injuries, whether the injury or illness is temporary or permanent. And with these monthly benefits, you can take steps to ensure you make it back to work as soon as you can.

What Are Short-Term Disability Benefits?

Residents of the state of Nevada have two disability insurance options: long-term and short-term disability.

Long-term disability insurance generally begins about six months after the disability and can go on for a few years or even until retirement. Before you get to that point, you may qualify for short-term disability.

Short-term disability exists to assist workers if they become injured to the point where they can no longer work for a specified amount of time.

Short-term disability benefits make up for wages that the claimant may lose if they can no longer perform their work duties. Worker’s compensation laws may cover medical bills, but you’ll have other expenses during the time you cannot work, such as:

• Utility Bills
• Groceries
• Mortgage/Rent
• Child Care

Applying for short-term disability will help you make ends meet as you recover from your illness or injury. It can also help bridge the gap until your long-term social security disability benefits come through if you are severely ill or injured.

Can I Get Private Short-Term Disability Benefits in Nevada?

You can also opt to obtain private short-term disability from your insurance company, which can come in handy when you find yourself temporarily unable to work. There are several ways to obtain private STD benefits in Nevada:

• Employer-Sponsored Plans: Many employers in Nevada offer short-term disability insurance as part of their employee benefits package. Check with your HR department to see if your employer provides this coverage.   
• Private Insurance Companies: You can purchase a private short-term disability insurance policy from an insurance company. These policies offer varying levels of coverage and benefits.   

It’s important to note that the eligibility criteria and benefits of private short-term disability plans can vary depending on the insurer and your specific policy. Be sure to carefully review the terms and conditions of any policy you consider.

How Do I File for Short-Term Disability?

If you or one of your family members were injured to the point where you can no longer work, you must file for short-term disability benefits as soon as possible so that you can receive benefits right when you need them.

You can file online at ssa.gov, call their toll-free phone number, or visit the social security field office, DDS, or ODAR local offices near you.

In order to file, you’ll need the following documentation:

• Proof Of Citizenship: You’ll need to prove your identity and citizenship with a birth certificate or immigration documentation.
• Proof Of Employment: This includes W-2 forms or self-employment tax returns for the past year
• Medical Evidence: You’ll need to file proof of your medical history, including doctors’ reports, recent test results, and specific medical records outlining your health before and after the illness or injury.
• An Adult Disability Report: This document provides crucial details on your physical condition, mental state, and work history.

Once the disability application is completed and filed, injured workers usually receive benefits in one to 14 days. Injured workers may need to use paid time off or sick days until these benefits kick in.

You must file your claim as quickly as possible. You will not be able to receive retroactive benefits unless you are applying for the federal Social Security Disability Insurance or SSDI.

How Long Do I Have to File a Short-Term Disability Claim?

There is no specific time limit for filing a short-term disability claim with the Social Security Administration (SSA). However, it is recommended to file as soon as possible after your disability begins. This will ensure that you receive your benefits as quickly as possible.

If you wait several weeks or months to apply after becoming disabled, you may miss thousands of dollars in benefits. 

When you become disabled, contact a Social Security Disability attorney who can help you understand your options and file an application to get the benefits you need. 

How Are My Short-Term Disability Benefits Calculated?

Depending on your work history, your short-term disability benefits may be more than you expect. To calculate your short-term disability benefits, you must determine the difference between your post-injury wages and short-term disability benefits.

In the state of Nevada, short-term disability benefits are generally 67% of the worker’s lost wages. You can receive benefits for 24 months at most. The Social Security Administration will consider the amount you’ve earned over a specific period of time in your adult life. So, if you’ve recently switched jobs, your old income may come into play.

For example, a worker who typically earns $1,800 per month but is currently working at a light-duty job following an injury earning $1,000 each month will receive a temporary total disability rate of $1,200 or two-thirds of $1,800. They would then receive the difference between $1,200 and $1,000, or $200 per month.

The state of Nevada will also take inflation into account, so you may see an increase that’s meant to help offset the higher cost of living.

When Am I Eligible for Short-Term Disability?

Workers are eligible for short-term disability if they have contracted an injury or illness that will prevent them from performing their regular work duties before the injury or illness occurs.

In some cases, pregnant mothers will also file for short-term disability to cover them after they give birth. Laws generally allow six to eight weeks of short-term disability benefits in this situation, depending on the birth type and complications.

You may also be eligible for short-term disability benefits under the following circumstances:

1. You can work but earn significantly less than you did before due to your injury.
   You work a temporary, light-duty job at a lower wage because your duties are different after your injury, or you make the same amount, but your hours have been reduced.
2. You have a permanent job within the restrictions of your injury but at a different rate of compensation. You hope to reach your previous level of compensation within the next two years.
3. You work multiple jobs, but your injury prevents you from returning to all your places of employment.

You will continue to receive TPD payments until you can return to work on a full-time basis or until you receive medical disability.

What If I Can Return to Work with Limitations?

If your doctor determines that you can return to work with some limitations related to your injury, and your employer can provide you with part- or full-time work under these new limitations. In that case, you will not be eligible for TPD unless your income is significantly lower than it was before your injury or illness.

If needed, your local Social Security Disability (SSD) offices can help you obtain vocational training that will offer you a new career path if your current job is no longer an option. SSD offers a variety of programs and services designed to help individuals with disabilities return to work or find new employment.

Vocational rehabilitation services is a program that can provide job counseling and placement, funding for training programs, on-the-job training, and job placement assistance. By taking advantage of these services, you can increase your employability and improve your overall quality of life. 

What If I Am Denied Short-Term Disability Benefits?

If your initial application for short-term disability is denied, you can file an appeal for reconsideration of your claim.

This usually takes about 30 days and is completed by an administrative law judge (ALJ) who did not take part in the first disability adjudication, so you’ll essentially be getting a second opinion.

An ALJ is a judge who presides over trials and adjudicates claims or disputes involving administrative law, such as Social Security Disability. They are part of the executive branch, not the judicial branch, and are appointed by the heads of the executive agencies.

When your attorney presents your case before an ALJ, you will be required to attend the hearing. The ALJ may ask you questions to clarify information in your application. It’s important that you are familiar with your application answers so that you do not provide conflicting information. 

If you’ve been denied, you’ll need someone on your side to ensure the reconsideration goes your way. You can partner with a Social Security Disability attorney who can work with disability determination services to get you approved for the short-term disability benefits you deserve.

What If I Need Permanent Social Security Disability?

If you obtain short-term disability but find yourself unable to return to work due to your illness and injury for a year or more, there are federal programs you can apply for.

The application process is a little more extensive, and you must have a medical condition that makes it impossible to work even the simplest job.

But there are several reasons why you should file for long-term disability (LTD):

• You’ll automatically receive Medicaid to help cover medical visits and treatment.
• You’ll receive backpay from your filing date to your approval date.
• You’ll receive benefits for specific family members, such as caretakers and dependents.
• You may be entitled to Supplemental Security Income (SSI) based on financial need.

Of course, the downside to applying for permanent social security disability is that it can take over a year to be approved. This means you need to be proactive and know when exactly you should contact a Social Security Disability Insurance (SSDI) lawyer to help you.

Why Should I Hire a Short-Term Disability Lawyer?

Navigating the world of short-term disability benefits can be very confusing—and if you have contracted an illness or injury, time is of the essence. You need to focus on getting better rather than the piles of paperwork needed to get approved for short-term disability.

Short-term disability lawyers are well-versed in the highly specialized area of worker’s compensation and disability benefits. They have worked through the system countless times and can offer legal advice to you on what’s necessary to get your case approved the first time.

A short-term disability lawyer will ensure you receive the proper compensation and benefits you are entitled to under Nevada law.

How to Find the Best Short Term Disability Lawyer in Nevada

Finding the right short-term disability lawyer is important to protect your rights and secure the benefits you deserve. Here are some tips to help you find the best lawyer for you:   

• Experience: Choose a lawyer with a proven track record of success in handling short-term disability claims. Experience matters, as it allows the lawyer to navigate the system effectively.
• Reputation: Research the lawyer’s reputation and client reviews. Look for positive feedback and testimonials from past clients.
• Communication: Effective communication is key. Choose a lawyer who is responsive, patient, and willing to explain Nevada short term disability laws in clear and understandable terms.
• Fees: Discuss the lawyer’s fee structure upfront. Some lawyers charge a flat fee, while others work on a contingency basis, meaning they only get paid if you win your case.   

By following these tips, you can find a skilled and experienced short-term disability lawyer who can advocate for your rights and help you obtain the benefits you need.

Shook & Stone Disability Lawyers Will Fight for You

With 85 years of combined legal experience, the personal injury lawyers at Shook & Stone can help you file or appeal your short-term disability claim. We will fight for the maximum compensation that will get you back on the road to recovery.

Whether you live in Carson City, Henderson, or Reno, NV, the highly experienced disability attorneys at Shook & Stone can get you the results you deserve.

Contact us today for a free consultation to preview your eligibility and get you on the path to receiving short-term disability benefits, or call (702) 766-5953.

References:

Chances Of Disability . (2021, September 30). In Council For Disability Awareness . Retrieved from https://disabilitycanhappen.org/disability-statistic/

Disability Insurance . (2021). In Nevada Division Of Insurance . Retrieved from https://doi.nv.gov/Consumers/Disability-Insurance/