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Disability benefits are meant to be a long-term solution

West Virginia residents and others who are seeking government disability benefits cannot obtain them on a short-term basis. Those who are seeking Social Security disability benefits must prove that they have been unable to earn a gainful income for at least 12 months. Alternatively, they must prove that they don't expect to be able to for at least another 12 months. Individuals must submit a request for benefits that will be evaluated by an examiner.

If the claim is denied, an applicant has the right to appeal that decision, and there is no deadline by which an appeal must be processed. In the event that a person is granted benefits, he or she may still be able to work on a limited basis without losing his or her benefit payment. This may be true even if that individual makes more than the substantial gainful activity amount.

Even if benefits are terminated because an individual is able to maintain gainful activity, it is possible to regain those benefits in the future. Individuals can file for an expedited reinstatement within five years of the month when their benefits were terminated. Payments will be made for up to six months while the government goes through the process of verifying that an applicant is truly disabled again.

Those who have an inability to work may be able to obtain disability payments to help pay bills or otherwise provide financial security. Individuals who are seeking disability benefits may want to go through the process of doing so with the help of an attorney. He or she may help to gather evidence, send in paperwork or take other steps to assist an applicant in obtaining a favorable outcome. An attorney may represent an applicant in court if an initial application is denied.

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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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