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Determining if a case will win Social Security disability

by | Dec 2, 2019 | Social Security Disability |

Individuals who file for Social Security disability in West Virginia may wonder how likely it is that they will receive disability benefits. While there are no specific kinds of cases that are sure to succeed, there is a handbook known as the blue book that lists different impairments a person could experience with systems in their body. These listings lay out the criteria that a person would need to meet in order to qualify for Social Security disability.

While there are no guarantees, there are several conditions that are most likely to win disability benefits when an initial disability claim is filed. These include total deafness, statutory blindness, paralysis of the extremities, terminal disease processes, severe cardiovascular impairments, kidney failure, severe neurological impairments and mental retardation.

If a person is not granted disability benefits, they have the ability to appeal. Depending on the state a person lives in, reconsideration appeals usually have a 12 to 14% chance of being approved. If the initial disability examiner used the criteria outlined in the blue book correctly, it is unlikely that the decision will be changed.

While the chances of winning a reconsideration appeal may be low, it is a necessary step in increasing a person’s odds of succeeding at a hearing. The next step is filing a second appeal where they will appear before an administrative law judge. If the case is well-presented, the likelihood a person may be granted benefits is up to 60%.

Any disability case involving severe mental or physical impairment that has caused a person to be unable to work for at least a year could indicate that a person would be granted Social Security disability benefits. A person in this situation may want to consult with an attorney. An attorney may be able to help a person file the appropriate paperwork and make sure they meet the requirements to file for Social Security disability.