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How to obtain disability benefits retroactively

When a West Virginia resident has an initial application for Social Security disability benefits approved, they will receive payment based on the date at which the disability occurred. That date can be up to 12 months before when the claim was filed. However, if a claim is approved at the hearing level, disability benefits may not necessarily be awarded based on when the case was initially filed. This could be true if an older case is reopened after being denied.

A case will be reopened if evidence is discovered that indicates that a previous application was improperly denied. If an older application is approved, the established date of onset (EOD) could be up to 12 months before it was filed. That could be several years in the past, which may result in a significant retroactive financial award given to an applicant.

Applicants can do many things to ensure that their applications are approved in a timely manner. For instance, they should list every mental and physical condition that they can provide evidence for. It is also important to supply both current and past medical records. Older records can be used to determine when the disability first occurred, which will determine how much money the filer is entitled to. In some cases, this information can even be crucial in determining if an applicant is entitled to benefits at all.

An individual who has an inability to work because of a physical or mental disability might be entitled to government benefits. Medical records and other evidence could be used to prove that a disability exists and that it prevents a person from seeking employment. Evidence may show that benefits should be paid retroactively from the date an application was filed. Legal counsel could help an applicant obtain a favorable outcome.

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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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