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Obtaining benefits because of degenerative disc disease

Individuals in West Virginia and throughout the country who have degenerative disc diseases could qualify for government benefits. In some cases, they will qualify for Social Security Disability benefits under listing 1.04 A. To do so, individuals must show that there is root compression and that it has resulted in limited motor function, loss of reflex or other impairments. Few applicants will obtain benefits based on listing 1.04 A, but it may be possible to obtain them through a medical vocational allowance.

Prior to granting the allowance, an examiner will review an applicant's work history for the past 15 years. He or she will look to see if there are any jobs that a person could possibly do in spite of an individual's condition. Even if an individual could work, he or she might still qualify for disability benefits if that work isn't enough to be considered substantial gainful activity (SGA).

Those who are seeking SSD benefits must be able to show that their condition will prevent them from reaching the SGA threshold for at least 12 months. Ideally, applicants will include detailed medical evidence showing the condition impacts their lives. Evidence could include the results of an MRI, notes from a doctor or anything else that helps an examiner verify an applicant's claim.

Individuals who have an inability to work because of a mental or physical condition may be able to obtain financial assistance from the government. An attorney may help an individual file paperwork or take other steps to verify that a medical condition makes it impossible to remain employed for long periods of time. In many cases, SSD applications that have been initially denied are approved after a hearing before a judge.

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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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Office Hours: 7:30 am to 4:00 pm Monday through Friday. Closed on all federal holidays.

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