West Virginia Social Security Disability Claims: Your Complete Guide
Social Security Disability (SSD) is designed to be a financial safety net for people with disabilities that prevent them from working. You earned the right to those benefits by working and paying into the system for years. Unfortunately, accessing those benefits once you need them is often difficult thanks to the highly specific eligibility requirements and the complicated claims process you have to undergo.
The average approval rate for initial Social Security Disability claims in West Virginia is very low, only around 35% – and only around 11% are approved upon reconsideration. The approval rate increases significantly, to about 57%, when cases go to a hearing – which is when an attorney is usually involved. Unnecessary denials can often be avoided with the assistance of a skilled West Virginia Social Security Disability lawyer. At Carey & Stewart, PLLC, we represent West Virginia SSD claims state-wide – from start to finish.
Understanding Social Security Disability Benefits
The Social Security Administration (SSA) administers two different benefit programs: Social Security Disability (SSD) benefits and Supplemental Security Income (SSI) benefits.
SSD benefits are available to people who have worked and paid into the Social Security system. By comparison, you do not need a work history to qualify for SSI benefits. It is a needs-based system that you qualify for based on the fact that you have little income or resources. For both systems, however, you need to have a medical condition that meets the Social Security Administration’s definition of what it means to be “disabled.”
What Are The Stages Of A West Virginia Social Security Disability Claim?
You begin a Social Security Disability claim by contacting SSA either to schedule an appointment to file your initial claim. You will be screened for your SSD and Supplemental Security Income (SSI) eligibility. The disability application process for both programs is the same, but SSI is a needs-based benefit program, while SSD eligibility is based on whether you have adequate “coverage” due to your work activity. Once SSA determines which programs you’re eligible to file for, the claims representative will gather basic information about:
- Your disabling conditions
- The limitations they cause
- Your educational background
- Your prior work activity
- The treatments you have received
The agency will also collect any medical documentation you may have in your possession and medical releases to obtain records from your doctors and hospitals. Then, your claim will be sent to the West Virginia Disability Determination Services (DDS) in Charleston so that your records can be compiled and your claim can be reviewed by one of the agency’s physicians.
Unfortunately, many valid SSD and SSI claims are unfairly denied during the initial claims process. Common reasons for disability claims denials include:
- Insufficient medical evidence
- Failure to follow a provider’s recommended treatment
- Incomplete applications and information
- Failure to attend consultative exams as requested
- Failure to stay in contact with SSA during the claims process
One of the most important reasons to involve a West Virginia SSD lawyer from the start is that your attorney can help collect evidence in support of your claim and present it in the light most favorable to you. That can prevent your initial claim from being denied and forcing you to undergo a lengthy appeals process.
Navigating The Appeals Process
The SSD and SSI claims process is lengthy. On average, claimants can expect to wait about seven months to get a verdict on their application. If that verdict is negative, the appeals process ahead includes:
- Reconsideration
- Hearing
- Appeals Council Review
- Federal Court Appeal
A reconsideration – the initial appeals process – takes about the same amount of time as an initial claim. If your claim has to go to a hearing in front of an Administrative Law Judge (ALJ), you can expect to wait longer than a year to actually present your case. If you must take your claim further, you can expect to wait about eight months to receive an Appeals Council Review and almost another year beyond that to have a claim heard in federal court.
Why You Need A West Virginia SSD Attorney
Involving an attorney in your initial claims application is never a bad idea, since it takes an experienced eye to spot issues before they turn into a denied claim. The complexity of the claims process is overwhelming to the average person, and you have an improved chance of approval when you have professional assistance with your paperwork.
If your initial claim has already been denied, a Weirton SSD attorney can examine your record to determine the reason for the denial and decide how to best overcome the obstacles in your path so that you can make a successful appeal at the reconsideration or hearing level, which can drastically shorten your wait for much-needed benefits.
Your Weirton SSD attorney understands the deadlines that must be met to keep your claim on track and their representation before the ALJ at a hearing can be invaluable. In particular, a skilled West Virginia lawyer knows what it takes to successfully challenge the vocational experts used by SSA to deny valid claims based on less-than-credible evaluations and understanding of each person’s unique challenges.
Common Disabilities Qualifying For SSD In West Virginia
The Social Security Administration (SSA) says that you qualify as disabled if you have a mental or physical condition – or any combination of the two – that prevents you from performing “substantial gainful activity” and is expected to last for at least 12 months (or your condition is terminal). In other words, you cannot qualify for SSD with a short-term disability, like most broken limbs or pregnancy-related complications.
Even though SSA maintains a list of “disabling conditions” with symptoms that automatically qualify for benefits, you do not have to exactly meet those criteria or even have a listed condition to qualify for benefits. Many disabled people suffer from multiple physical and mental conditions that, when combined, qualify for benefits. Common disabilities that qualify for SSD or SSI benefits include:
- Physical disabilities: Conditions such as rheumatoid and osteoarthritis, heart conditions, respiratory illnesses like emphysema and severe asthma, Black Lung disease, back injuries, blindness, neurological problems, cerebral palsy, partial or complete paralysis, burns and amputations, among others, can be disabling.
- Mental health and developmental disorders: Severe anxiety, autism, post-traumatic stress disorder (PTSD), Down’s Syndrome, bipolar disorder, major depression, obsessive-compulsive disorder, cognitive disorders (low IQ) and eating disorders may all qualify.
- Chronic illnesses: Many chronic conditions and autoimmune disorders – such as Lupus, Addison’s disease, cancer, diabetes, kidney disease, HIV and cancer – can worsen over time and leave someone disabled.
One of the benefits of hiring a West Virginia SSD attorney is that your attorney can assess your claim and help you understand if you likely meet SSA’s criteria.
Additional Important Information About SSD Claims In West Virginia
Social Security Offices are not always conveniently located, especially in rural areas. The nearest SSA office to Weirton, for example, is in Steubenville, Ohio. Other offices are located in:
- Wheeling
- Martinsburg
- Clarksburg
- Charleston
- Huntington
- Parkersburg
- Morgantown
- Elkins
- Albans
- Hope
- Logan
- Bluefield
- Petersburg
- Fairmont
- Welch
- Williamson
- Beckley
Fortunately, you can also file your SSD or SSI application online or over the phone, as well. In addition, our West Virginia SSD law firm handles claims state-wide, which can make it easier for you to file your claim regardless of your location. It is important to keep in mind that the average wait time on a West Virginia SSD decision is 26 months unless the claim is approved at the initial filing. Again, this is why it is so critical to have an experienced West Virginia SSD attorney on your side.
How Our Law Firm Can Help With Your West Virginia SSD Claim
At Carey & Stewart, PLLC, we always put our clients first – because nobody should have to navigate the SSD or SSI process alone. We don’t want you to need us – but we’ll be here when you do.
We offer state-wide (and nationwide) representation for individuals who are disabled and advocate fiercely for the benefits that they need from the very start. Our West Virginia SSD attorneys have over 100 years of combined legal experience, and our staff members are supportive and understanding.
We know how to present information in support of your claim in the best light possible so that SSA can easily see how you qualify for benefits.
Frequently Asked Questions About SSD And SSI Claims
We recognize that this is an extremely difficult time in your life. Here are the answers to some important questions:
How can I afford an SSD or SSI attorney?
You never have to worry about affording our services. We only receive a small portion of any back-due benefits you receive, and only if we win your case. That takes the financial burden of quality legal representation off your shoulders.
Will my doctor tell me when I am disabled?
No. Doctors do not decide when patients should file for SSD benefits. They will generally wait until you tell them that you feel that you are disabled. It is good, however, if you have your doctor’s support for your claim.
How long do I have to file an SSD or SSI appeal?
You must request an appeal in writing within 60 days of the date that you receive your denial. If you miss the deadline, you will have to start the process all over.
Call Our Weirton SSD Attorney Today To Discuss Your Claim
When you need SSD benefits, put your faith in a West Virginia SSD law firm with more than 100 years of collective legal experience. Whether you are filing an initial claim, need help with a reconsideration or need to file a hearing before an Administrative Law Judge, call 888-710-4496 or contact us online to get started with a free consultation.
Additional Resources For SSD And SSI Claims
To learn more about SSD and SSI claims, you may want to look at the information provided at SSA.gov and the Listing of Impairments. You may also find useful information at Disability Rights of West Virginia and the West Virginia Aging and Disability Resource Centers (ADRC).