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Common reasons why benefits could be taken away

It is possible that those in West Virginia who receive government benefits could have them revoked in the future. This can happen if a person is making more than the substantial gainful activity amount for a given month. It can also happen if a person's medical condition improves enough that he or she can work again. Benefits may also be revoked if a person works for more than nine months over a period of five years.

In the event that this happens, benefits are temporarily brought to an end. Those who continue working for at least three years will have their benefits taken away entirely. However, those who are again unable to work during this period of 36 months will be entitled to their benefits again. This is generally true no matter how much a person was making during his or her return to the workforce.

In most cases, a person who obtains disability benefits will not work again and will not have benefits revoked after a continuing disability review. Therefore, these rules may not apply to many who have to leave work because of a physical or mental condition. If a person's condition worsens after the extended period of eligibility expires, it may be possible to ask for an expedited reinstatement of benefits.

Individuals who have a mental or physical disability may be eligible for financial assistance from the government. An attorney or other legal professional may help a person file an initial application or an appeal. This person might also be helpful if a case needs to be resolved during a court hearing. Ideally, an applicant will obtain medical records and a doctor's statement prior to applying. An attorney may help gather that information on a disability applicant's behalf.

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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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