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What to know about applying for permanent disability

If a West Virginia resident is granted disability benefits, he or she will be subject to continuing disability review (CDR). Individuals may be scheduled for diary review dates one, four or seven years after initial benefits are granted. It's important to note that a person must be totally disabled to receive social security disability (SSD) or SSI benefits. This is true even if the disability itself is not necessarily permanent.

Those who want to apply for benefits must show that their condition will not allow them to meet the substantial gainful activity threshold. To obtain benefits, an applicant will prove that the condition won't allow them to return to work or perform any other tasks for at least a year. When an individual is subject to review, he or she must once again show through proper documentation that the condition has not improved since first applying for benefits.

If an individual does receive benefits, he or she may be allowed to work as long as earnings stay below the SGA threshold. This number can change periodically based on inflation and other criteria. When applying for benefits, applicants should know that the rules are the same regardless of what state they apply in. This is because the social security disability is a federal program.

Those who have a legitimate inability to work based on a mental or physical condition might be entitled to disability benefits. These benefits could be permanent if a person cannot return to work. An attorney may be able to help an individual obtain the paperwork or other evidence needed to document the severity of an injury. Individuals might need to give their attorney permission to talk with and receive medical records from a physician or other medical provider.

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Shawn Taylor, PLLC
209 Capitol Street
Charleston, WV 25301

Phone: 304-932-4619
Fax: 304-414-6040
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Office Hours: 7:30 am to 4:00 pm Monday through Friday. Closed on all federal holidays.

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