Social Security Disability FAQ

Representing the Injured in Nevada

1. What benefits are available to me?
   The SSA offers the following benefits:
   
   
   • Disability benefits:
     If you can no longer work and have a medical condition that is expected to last at least one year or result in death
   
   
   • Spouse benefits:
     If your spouse is age 62 or older; or your spouse, at any age, if he or she is caring for a child of yours who is younger than age 16 or disabled; or if you are a disabled widow or widower between the ages of 50 and 60
   
   
   • Child benefits:
     Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild who is younger than age 18 or younger than age 19 if in elementary or secondary school full time; or your unmarried child, age 18 or older, if he or she has a disability that started before age 22 (the child's disability also must meet the definition of disability for adults)

   Richard Harris Law Firm can help you determine if you may be eligible for any of these benefits.

2. Does the Social Security Administration (SSA) consider my work history when evaluating my application for benefits?
   Yes. In most cases, the SSA requires that you pass an earnings test:
   
   
   • A "recent work" test based on your age at the time you became disabled
   • A "duration of work" test to show that you worked long enough under Social Security


3. How does the SSA determine if I can return to work?
   The SSA will determine if your disability is so severe that you can no longer work by evaluating if you:
   
   
   • Can no longer do the work you did before
   • Cannot do any other type of work

   Understanding these requirements can be difficult. Richard Harris Law Firm knows how the SSA works. We're here to help you navigate the system and help you determine if you are qualified for benefits.

4. What is the definition of a disability?
   According to the SSA, a disability is defined as:
   
   
   the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
   
   
5. How does the SSA determine that I am eligible for benefits?
   When you apply for benefits, the SSA will evaluate if you've worked enough years to qualify and your current work status. If you meet the work-related requirements, your local Disability Determination Services (DDS) office will review your medical evidence and ask your doctors or medical providers about:
   
   
   • What your medical condition is
   • When your medical condition began
   • How your medical condition limits your activities
   • What the medical tests have shown
   • What treatment you have received
   • Your ability to do work-related activities


6. What's the difference between SSD and SSI?
   Supplemental Security Income (SSI) benefits are available to individuals who cannot work and have little to no income. Unlike SSD benefits, which are available to workers who have paid Social Security taxes, SSI benefits are funded by the general tax revenues and are available to U.S. citizens who meet certain qualifications and are aged, blind, and disabled.


7. How do I apply for SSD benefits?
   In order to apply, you will need to complete an application for Social Security benefits and the Adult Disability Report. When you prepare your application for SSD benefits, you must include:
   
   
   • Your Social Security number
   • Your birth or baptismal certificate
   • Names, addresses, and phone numbers of the doctors, caseworkers, hospitals, and clinics that took care of you and dates of your visits
   • Names and dosage of all the medicine you take
   • Medical records from your doctors, therapists, hospitals, clinics, and caseworkers that you already have in your possession
   • Laboratory and test results
   • A summary of where you worked and the kind of work you did
   • A copy of your most recent W-2 Form (Wage and Tax Statement) or, if you are self-employed, your federal tax return for the past year

   At Richard Harris Law Firm, we know the system, and we can help you collect the information needed to complete your application. We're dedicated to getting you the benefits you deserve.