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July 2018 Archives

Disability for back pain hinges upon walking ability

Back pain afflicts almost everyone in West Virginia from time to time, but the Social Security Administration sets the bar high when making determinations about disability benefits for back pain. Benefits examiners want to see objective medical tests that document debilitating conditions. A person's ambulatory ability will factor in as well.

People risk repaying benefits if they lose SSD cessation appeal

The Social Security Administration will periodically review the eligibility of people in West Virginia who receive disability benefits. The likelihood of a person's medical condition improving will determine the frequency of benefit reviews that could occur every three to seven years. Working a job could also trigger a continuing disability review. If the agency's review determines that disability no longer prevents a person from working, then a notice about the cessation of benefits will be sent. A person has the right to appeal the revocation of benefits and even have payments continue during the appeal, but losing an appeal would require the person to repay benefits issued while the appeal was in progress.

Could your mental health be grounds for a disability claim?

West Virginia readers understand that certain medical issues and physical injuries could be valid grounds to seek disability benefits through the Social Security Administration. These benefits are also available to individuals who have mental disorders. These conditions are not always visible or noticeable, but they can be debilitating and impact a person's ability to work.

The importance of having medical records that specify disability

When West Virginia residents seek disability benefits through the Social Security Administration, they must present medical records that spell out their physical or mental limitations. Although an applicant might experience these disabling limitations that prevent holding a job, medical records might not offer much information beyond a diagnosis. To correct this problem, people facing the possibility of disability should explicitly describe their mental or physical difficulties during doctor visits.

Role of expert witnesses in disability cases challenged

People in West Virginia applying for disability benefits after they are no longer able to work may be concerned about the impact of expert testimony in their cases. The U.S. Supreme Court will be hearing a case that will touch on the level of backup data that vocational experts and others in disability cases are required to provide in order to support their assertions. In particular, the case addresses whether the testimony of an expert is sufficient evidence that jobs are actually available to a disabled worker seeking benefits.

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