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Social Security Disability

Social Security Disability Attorneys

Meet Social Security Disability Attorney Roger D. Drake

At Bertoldo Carter Smith & Cullen, our Social Security Disability claim team is led in part by Attorney Roger D. Drake, a highly experienced lawyer who has focused his practice on SSDI and SSI claims for more than 15 years. He knows that an SSD case result can decide the financial future and comfort of the client, so he never backs down from a challenge. Currently, Attorney Roger Drake is admitted to practice in California and Nevada Courts, including certain appellate and district courts. If your SSD case needs to be appealed to a federal court, you don’t have to worry about finding a new law firm to represent you – Roger can still stand by your side and lead the way!

Some of the top awards and accolades Attorney Roger Drake has earned include:

  • Super Lawyers® (2016 – 2020, 2022 – 2023)
  • Rising Stars℠ (2009 – 2015)
  • Bar Register of Preeminent Lawyers

Legal Help with SSDI & SSI Claims, Denials & Hearings

Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can help you stay financially afloat if you’re unable to work. Getting the benefits from these important government programs isn’t guaranteed or straightforward, though. Many people struggle to get the SSDI/SSI benefits they need, and others don’t even know where to begin.

To get your Social Security Disability claim started correctly and without unnecessary delays, come to Bertoldo Carter Smith & Cullen. Our SSD team can help you understand your options, prepare a claim, appeal a denial, attend hearings, and much more. Our goal will be to get you the benefits that you need to live without financial worry after a health condition prevents you from working.

Dial (702) 505-8115 to request a free consultation with our SSD claim or appeal lawyers. No fees unless we win.

SSDI Compared to SSI Benefits

When you can’t work or earn a gainful income due to a health condition, you might have your choice between filing for Social Security Disability Insurance or Supplemental Security Income. The two government benefits programs are similar but distinctly different. As your chosen team of SSD attorneys, we can help you figure out which program you should use and why.

  • Social Security Disability Insurance (SSDI): A federal program that offers benefits based on the specifics of your disability and any ‘work credits’ you earned prior to it. Essentially, you must meet the Social Security Administration (SSA) criteria for disability and have made SSDI tax contributions either firsthand or through a paying spouse or parent.
  • Supplemental Security Income (SSI): A government program that can have different changes and details based on the claimant’s state. To qualify for SSI benefits, you must typically have limited income and be older than 65 or have a qualifying disability. SSI eligibility is not dependent on SSDI contributions, though.

Qualifying Applicants in California

To be considered disabled and eligible for SSDI or SSI in California, you must be able to perform any type of “substantial work” due to a disabling or unsafe physical or mental health condition, which can include pregnancy, childbirth, and surgery complications. The condition in question must be expected to last at least one year or terminal (likely to cause death). SSDI eligibility is based on your SSDI contributions and SSI eligibility is based on your income. In California, you can also apply for State Supplemental Payments (SSP) if you are eligible for SSI; although, SSI eligibility does not guarantee SSP eligibility.

Qualifying Applicants in Nevada

To qualify for SSDI in Nevada, you must be 66 years old or younger, be unable to work due to a disabling health condition, and have earned enough work credits by paying Social Security taxes. Your eligibility can decrease if you have not worked in 5 of the last 10 years, though.

To qualify for SSI in Nevada, you must make less than $900 per month (amount can change each year based on inflation) and have minimal personal assets of financial worth. Single claimants usually must own personal assets valued under $2,000 and married claimants must own personal assets valued under $3,000. In either situation, Nevada requires SSI applicants to own very little personal property, which means no automobiles or real estate in most cases.

Arrange a Free Consultation Today

Many different steps and details can go into an SSDI or SSI claim, especially if your claim was initially denied and you need to file an appeal. Don’t go into the legalities on your own. Let Bertoldo Carter Smith & Cullen and Attorney Roger Drake help you figure out everything you need to get the most benefits from the government after a disability or health condition stops you from working.

We are here to help you with every part of your case, such as:

  • Evaluating your disability and determining your eligibility.
  • Filing for the right benefits: SSDI or SSI.
  • Responding to any government requests for more information.
  • Appealing your case if it is denied for any reason.
  • Representing you in court if necessary.
  • Acting on your behalf during administrative hearings and meetings.

Leave everything about your Social Security case up to our attorneys, so you can focus on taking care of yourself and your family. We’re here to support you however we can.

Contact us today to discuss your eligibility and our legal services.

Social security disability FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-505-8115 today!

  • How can I talk to someone from your firm about an SSD claim?
    Bertoldo Carter Smith & Cullen makes it simple to talk to an attorney about SSD cases, claims, and lawsuits. You can either use an online contact form or dial (702) 505-8115 at any time.
  • What is the 5-year rule for Social Security Disability?
    In a typical SSD claim, you must have been considered disabled for at least five months before benefits can be granted, which is meant to ensure that your disability was serious and/or permanent enough to warrant SSD benefit eligibility. However, if you were previously eligible for disability benefits, no longer needed them, but then became disabled again within five years of your previous eligibility, the five-month waiting period can be waived.
  • Why do most people get denied for disability?
    An SSD claim can be denied for many reasons, but not providing enough medical evidence of the disabling condition is one of the most common. If you are filing for SSD or SSDI benefits, it is important to ensure that your condition has been at least recognized by your medical provider. Of course, a diagnosis with medical evidence that explains the diagnosis is ideal.
  • What can get you “100%” or full disability?
    If medical evidence shows that you are unable to work in all conceivable situations, you may be given a 100% disability rating, which can be evaluated by the SSA, Veterans Affairs (VA), and other such organizations. If you cannot care for yourself in a meaningful capacity or handle day-to-day tasks alone, such hardship can be weighed when assigning your disability rating. Also, severe health conditions may qualify you for a complete 100% disability rating by default, such as total blindness or multiple amputations.
  • What is the fastest you can get approved for disability?
    According to the Social Security Administration (SSA), most SSD approvals take four months from the date of the original filing, but some cases resolve in only three months. Each case’s circumstances factor into how long it might take to get final approval for SSD benefits, though. Some cases may take five or six months or even longer.
  • How can I increase my chances of getting SSDI?
    There is no guaranteed way to “increase” your chances of getting SSDI because every case is unique and judged on its own merits. However, you can better avoid mistakes during the process by following all your doctor’s orders, being honest at every step, and of course, working with a skilled SSD attorney.
  • What are the most approved disabilities for Social Security Disability benefits?
    Arthritis and similar musculoskeletal disabilities often related to repetitive stress injuries are among the most common disabilities approved for Social Security Disability benefits. Arthritis afflicts tens of millions of Americans at any given time. This high case number could indicate that arthritis SSD claims are so common because the disease is so common, too.

Our Promise to You

Why You Can Count on Our Firm
  • Experience You Can Trust
    Our attorneys, paralegals and support staff leverage decades of experience across a diverse range of backgrounds on behalf of our clients.
  • Legacy of Client Satisfaction
    Word-of-mouth referrals and repeat clients account for more than 85% of our business, which is a testament to the level of service we provide.
  • Client-Centered Approach

    We strive to treat our clients with integrity, compassion, and respect and provide them with clear communication every step of the way.

  • Proven Record of Results
    We have recovered millions of dollars in successful verdicts and settlements for injured clients throughout the state of Nevada.
    NO FEES UNTIL WE WIN!

Client testimonials

Real Stories From Real Clients
    “They always made me feel like a member of their family and not just a client.”
    “The kindness and compassion they showed during my case was amazing! They always made me feel like a member of their family and not just a client.”
    - Ryan W.
    “So seamless and easy for me.”
    “I was involved in two car accidents within a year. They made everything so seamless and easy for me and were always available for questions or reassurance. This law firm clearly not only cares about what they do, but the clients they do it for. Thank you, ”
    - Aimee W.
    “The process has been exceptional.”
    “John Bertoldo made us feel very at ease about the situation... They truly care about their clients and making them feel at ease through the entire process. Overall I think the process has been exceptional.”
    - Pete S.
    “Bertoldo, Baker, Carter & Smith took great care of me.”
    “They were fast, caring, and always answered my questions and reassured me throughout the process. I highly recommend Lindsay Cullen as an attorney and the firm to represent you if you're seeking any legal guidance.”
    - Jay G.
    “Very nice & professional.”
    “Lawrence Smith is a Godsend! He's a good man. Very nice & professional.”
    - Aaliyah R.
    “A Lawyer that cares and will fight for you.”
    “Since day one of meeting Brett, I knew I was in good hands. Brett made sure to thoroughly explain and cover any/all question or concern that I had, and was able to ease my mind and get me an answer to the question/s I was seeking.”
    - Julie M.
    “By far, one of the best and most reputable firm's in Las Vegas.”
    “I highly recommend Steve Baker and the entire team. Thank you again for always answering all of our questions and being so easy to work with, something I have not experienced with other firms here in town.”
    - Steven P.
    “Best help I could have asked for.”
    “Thank you all so much for all the hard work you put into my case. All of you mean the world to me and I am thankful to have received the most quality help from the BBC&S team. Thanks again and I miss you all!”
    - Sierra S. P.

A Proven Record of Results

Millions of Dollars Recovered for Our Clients
  • $100 Million Product Defect and Fatality from Helicopter Crash
  • $30 Million Fatality/Burn Disfigurement from Helicopter Crash
  • $19.5 Million Brain Damage from Motor Vehicle Accident
  • $18.5 Million Wrongful Death from Aircraft Accident
  • $16 Million Motor Vehicle Accident, Mild Traumatic Brain Injury
  • $12 Million Negligence Security leading to Sexual Assault
  • $10.8 Million Brain Injury, Premises Liability
  • $10 Million Brain Injury, Premises Liability