When Disabilities Keep You From Working

Last updated on March 19, 2025

If you have worked enough years and you have disabilities that are serious enough to keep you out of the workforce for at least a year, you may qualify for Social Security Disability Insurance benefits.

Social Security Disability (SSD) is not a government handout. Rather, it is a public benefit that is rightfully yours if you are eligible. In most cases, this means you and/or close family members have paid into the system for years, and now, your time of need means that you qualify for financial support. An exception is blind people who may qualify without the usual work history or family member’s work history requirement.

You may have numerous questions if you are unable to work and think you qualify for SSD benefits. Get straight answers suitable to your circumstances by requesting a free consultation with an SSD lawyer. At Carey & Stewart in Weirton, our attorneys represent people throughout West Virginia, Ohio and Pennsylvania.

SSD Overview In West Virginia

As a West Virginia resident, you may be eligible for SSD benefits if you have a medical condition that prevents you from working. The SSD program aims to provide financial assistance to individuals who have worked and paid into the system through payroll taxes.

We have seen SSD cases where individuals are unsure if they qualify for benefits. The Social Security Administration (SSA) uses a five-step process to determine if you have a disability. This process includes considering the following:

• Initial employment status: Assessing your current work activity to see if it is substantial
• Severity of the condition: Evaluating the severity of your medical condition and its impact on your daily life
• Disabling conditions: Determining if your condition is on the list of disabling conditions that the SSA recognizes
• Work experience: Examining whether you can still perform the work you did before your condition became disabling
• Transferable skills: Confirming if you have the skills and abilities to adapt to other types of work, taking into account your age, education and work experience

It is essential to understand that this process can be complex and nuanced. Common disabilities that may qualify for SSD benefits include mental health conditions such as depression and anxiety, musculoskeletal disorders such as back injuries and arthritis, and cardiovascular diseases such as heart failure and stroke. Medical evidence is critical in supporting an SSD claim, and our SSD lawyer, James T. Carey, can help you gather the necessary documentation to build a solid case.

With An Attorney’s Guidance, Present A Truthful, Persuasive SSD Application

A disability attorney can help you understand:

• How to determine whether – and when – you qualify for benefits
• How to make a convincing claim
• What to do if your claim is denied
• How to document your eligibility

Some people are convinced they do not qualify because they only have a partial disability. However, when someone has multiple partial disabilities, decision-makers at Social Security may consider these together and approve the claim.

An applicant may have a mobility problem, a respiratory ailment and a mental illness, such as bipolar disorder. Each disorder by itself may not keep the person from being able to work full time, but with several disorders taking their toll, the applicant may find it difficult to hold down an eight-to-five job.

Finding the best SSD lawyer in West Virginia and getting help from an experienced SSD lawyer can make a large difference in securing approval to receive disability benefits.

What Happens After A Denied SSD Claim In West Virginia?

If your SSD claim gets a denial, you can appeal the decision. The appeals process can be complicated and lengthy, but our SSD attorney can help you navigate it. The following are potential options to consider after a denied SSD claim, and the path forward depends on the previous step:

• Request for reconsideration: We will file a request for reconsideration to have your claim reviewed again, and we must submit it within 60 days of receiving the denial letter.
• Seek a hearing with an administrative law judge (ALJ): If the SSA denies your request for reconsideration, we will seek a hearing with an ALJ to present your case. We must make this request within 60 days of receiving the reconsideration denial.
• Appeal to the Appeals Council: If the ALJ also denies your claim, we will appeal their decision to the Appeals Council. We must file the appeal within 60 days of receiving the decision of the ALJ.
• File a lawsuit in federal court: If the Appeals Council denies your claim, we will file a lawsuit in federal court. We must do this within 60 days of receiving the decision of the Appeals Council.

You should not give up if the SSA denies your claim. There are individuals who have actively pursued their claims and received benefits after appealing the decision. We will work with you to make sure that you act quickly and do not miss any deadlines. We will thoroughly review your case and gather all relevant evidence to boost your appeal. Our SSD lawyer will represent you at the hearing and diligently help prepare your case.

Why You Need An SSD Lawyer In West Virginia

If you are applying for SSD benefits in West Virginia or considering filing an appeal after a denial, you may be wondering whether you need to hire an attorney. While some might think that hiring an SSD lawyer is only necessary for a certain stage of the process, the reality is that their knowledge is crucial throughout the entire process, from initial application to appeals and beyond.

Our skilled and seasoned attorney can guide you through the complex SSD system and help strengthen your case. He can provide support for various aspects of the SSD claims process, such as:

• Ensuring that you can meet all the deadlines and requirements
• Helping you avoid common mistakes, such as failing to provide sufficient medical evidence, missing crucial documentation and not fully disclosing your medical history
• Assisting you in collecting and preserving the necessary evidence, such as witness statements, expert testimony and medical records
• Representing you during the appeals process and advocating on your behalf
• Helping you understand how other areas of law, such as workers’ compensation or personal injury, may intersect with your SSD claim
• Helping you with understanding the nuances of the SSD system, navigating the bureaucracy and communicating with the SSA

Our law firm aims to provide you with the guidance and support you need to seek the benefits you deserve. We are committed to giving you quality legal services and representation to help increase your chances of achieving a fair and just outcome.

The Difference At Carey & Stewart, PLLC

Our SSD attorney, James T. Carey, is dedicated to helping individuals with SSD concerns. Mr. Carey graduated from West Virginia University College of Law in 1994 and was an editor of the West Virginia Law Review. He is admitted to the West Virginia bar, as well as the U.S. District Court for the Northern District of West Virginia and the U.S. District Court for the Southern District of West Virginia. He is also a member of the National Organization of Social Security Claimants’ Representatives (NOSSCR).

With his extensive education and over 30 years of legal experience, Mr. Carey is well-equipped to handle SSD cases for the clients of Carey & Stewart, PLLC. He has a deep understanding of the complex SSD system as well as a resolute determination to help clients fight for their rightful benefits. Aside from SSD, his practice areas include workers’ compensation, personal injury, family law and child custody. He understands how these areas of law can impact your SSD claim.

For example, if you are receiving workers’ compensation benefits, it may affect your SSD eligibility. Mr. Carey can help you manage these complex interactions to ensure you pursue the maximum benefits you deserve to receive. He prioritizes the needs and goals of clients and provides personalized attention to each case, delivering tailored solutions and comprehensive guidance every step of the way.

Don’t Know Where To Start? Start Here.

Have you heard conflicting stories about your likelihood of approval for SSD benefits? Get personalized answers and direction at Carey & Stewart in Weirton. Our attorneys have more than 100 combined years of legal experience. You will find the guidance you are looking for as you prepare to apply for disability benefits or appeal a denied claim.

Call 888-710-4496 or send a message to schedule a free case evaluation with an attorney. We serve clients in Hancock County, in Brooke County and throughout West Virginia, Ohio and Pennsylvania.