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June 2019 Archives

Ending of disability benefits

Virginia residents who receive Supplemental Security Income or Social Security disability benefits should expect to undergo periodic reviews to establish the status of their disabling condition. The reviews tend to take place every three to seven years. When they occur will depend on the possibility of whether a person's condition that is causing the disability is going to get better, or improve medically. Disability beneficiaries who seem unlikely to medically improve are generally given a continuing medical review every seven years; these include individuals whose impairments are classified as permanent disabling by Social Security.

Judges and Social Security Disability

The majority of West Virginia residents who have applied for disability benefits from the Social Security Administration will have to see a judge. They need to go through a very stringent evaluation process that entails going through impairment listings. These listings address disorders and illnesses for all of the body's systems and establish the criteria that have to be met in order for the applicant to qualify for the disability program.

Functional limitations are an important SSD consideration

When most West Virginia workers consider filing for Social Security Disability benefits, they have little understanding of the process. It is commonly assumed that if one has worked for most of their life and can no longer do so due to a mental or physical disability, SSD benefits will be awarded. That may or may not be the case, but the manner that the Social Security Administration uses to determine disability is a specific, sequential process governed by complex statutes and prior decisions.

How does a person qualify and apply for disability benefits?

Some individuals are unable to work due to a disabling medical condition or a severe physical injury. This is a difficult position to be in as it often means a person is not financially able to support his or her West Virginia family, pay for medical needs or even have enough money for everyday needs. If you find yourself in this situation, you understand how difficult it can be.

Understanding continuing disability review

Individuals who receive Social Security Disability or Supplemental Security Income benefits rely on this income to meet their day-to-day living needs. It should be noted, however, that the Social Security Administration periodically reviews the cases of SSD and SSI recipients. This is called continuing disability review.

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Shawn Taylor, PLLC
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Charleston, WV 25301

Phone: 304-932-4619
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