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November 2018 Archives

Supreme Court to weigh-in on how SSDI is determined

Social Security Disability Insurance is determined by an often complicated process heavily dependent on established rules and regulations. The Social Security Administration also publishes manuals and handbooks to help its disability evaluators to reach a conclusion. There are multiple levels of appeal within the SSA and the federal court for those West Virginia applicants who are dissatisfied with the outcomes of their cases. Now, however, a rarity will occur; an SSDI case is to be heard before the Supreme Court in December 2018.

Fibromyalgia and Social Security Disability

For people in West Virginia struggling with fibromyalgia, the consequences and symptoms can be severe and disabling. The disorder can cause muscular and skeletal pain throughout the body and is often accompanied by other symptoms, including memory problems, sleep issues, fatigue and mood changes. While fibromyalgia is still poorly understood in many ways, researchers believe that the condition amplifies pain because it changes the way the brain processes signals associated with pain.

The odds of getting benefits without a hearing

West Virginia residents who apply for Social Security Disability benefits will likely need to see a judge to have their applications approved. However, there is a chance that a person will obtain benefits without having to do so. About 30 percent of applicants will be approved after submitting their initial claim. Another 15 percent are approved at the reconsideration appeal level. To increase the chances of approval before the hearing level, individuals should see their own doctor.

If you have chronic migraines, are you eligible for disability?

If you are one of the many people who suffer from migraines in West Virginia, you understand the significant impact these serious headaches can have on your life. Migraines are severe, very painful headaches that are much more than an inconvenience – they can be debilitating and often affect a person's ability to work. Chronic migraine sufferers may not be able to hold gainful employment because of their condition. 

Honesty is the best policy when disabled

West Virginia residents and others who are applying for disability benefits should reveal everything that ails them. This is a best practice when talking with a disability examiner or with a doctor during a consultative examination. During the application process, both examiners and doctors will look for even the slightest signs that a person is not entirely impaired. In some cases, doctors will observe patients walking into an appointment or how they move during them.

Consultative exams tend to produce denials of disability benefits

The Social Security Administration has a process for evaluating applicants for disability benefits who lack current medical records or any medical records at all. The agency hires physicians to conduct consultative exams on applicants who do not have sufficient documentation of their physical or mental disabilities. Although this might solve problems for disability applicants in West Virginia who have been unable to see a physician, the exams typically result in disapproval.

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Shawn Taylor, PLLC
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Charleston, WV 25301

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