Hiring a Qualified Disability Lawyer in Nevada

Claimants who are represented on disability claims in Nevada tend to have a higher rate of approval, a need for fewer appeals, and more favorable "dates of onset" (the date the disability is proven to have begun) that lead to higher back pay benefits.

Representation may be through a disability lawyer or a specialized non-attorney disability representative. Many non-attorney reps are former Social Security Administration Claims Specialists and Disability Examiners with an extended history of working from within the federal system.

A qualified disability representative will have a knowledge of Social Security administrative law, particularly with regard to how claims are approved through the Social Security listings and the medical vocational grid rules. A qualified and competent disability representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, analyze it correctly, and incorporate it as part of a winning strategy for a claim.

To learn about fees for representation, see: "How do disability lawyers get paid?"

Additional information

If you are considering filing for Social Security Disability (SSD) or filing for SSI in Nevada, you may be wondering if you really need legal representation. The good news is that Nevada residents stand a better chance of being approved for disability benefits than disability applicants in other states.

Almost half (49.6%) of all initial disability claims filed in Nevada are given an approval by the Nevada state disability determination services agency, and 27.6% of those cases that were denied initially are approved upon reconsideration appeal (a request that a state disability examiner review, or reconsider the facts in the case).

Of course, these statistics still mean that a significant number of disability applicants in Nevada will not be awarded Social Security Disability benefits, and will have to decide if they will give up, file a brand new claim, or appeal their case again.

For those suffering from medical conditions or physical conditions that are interfering with their ability to make a living, giving up is not an option, and there are very few instances in which it is advisable to file a new claim, the exception being in those cases in which a claim was denied based on a technicality, such as failure to meet financial requirements or failure to file an appeal within the required 60-day deadline.

For most, the best option is to file a second appeal, i.e. a request to have their case heard before an administrative law judge. Not only will you avoid the need to wait months for a decision on your claim/appeal from the disability agency, but you will also have the opportunity to take your case out of the state disability determination services agency in which it has been unsuccessful.

If you decide to file a request for a hearing before a federal administrative law judge, you should definitely strongly consider getting a disability attorney. Studies have shown that judges tend to decide in favor of the claimant more often when there are social security attorneys involved, and that having a disability lawyer present your case can increase your odds of winning benefits from a judge by as much as 50%.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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