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How to time a disability benefit filing

Individuals in West Virginia and throughout the country should apply for Social Security Disability benefits whenever their physical or mental condition makes it impossible to work. When making a decision, an examiner will look at an applicant's work and medical history. Reviewing both makes it possible to determine if there is any job an applicant could hold.

As a general rule, an examiner will look at any job performed in the last 15 years. However, a job may be disregarded if an individual didn't have an opportunity to fully grasp the position. A decision will be based primarily on whether an individual will be able to make a gainful income over the next 12 months. If an individual chooses to work, he or she may not be entitled to benefits even if that person is considered to be disabled.

Of course, this isn't an issue for those who stay under the threshold for earning a substantial and gainful income. Older individuals may be more likely to obtain the designation of disabled as it may be harder to learn a new job. Furthermore, their skills may not necessarily be applicable in today's job market.

Those who meet medical requirements to obtain benefits may apply for them at any time. This may be done with or without the assistance of an attorney. However, an application is more likely to be approved with the assistance of counsel Attorneys may be able to assist an applicant with gathering evidence, filing paperwork or attending a hearing before a judge.

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Shawn Taylor, PLLC
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Charleston, WV 25301

Phone: 304-932-4619
Fax: 304-414-6040
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