Individuals in West Virginia who have a physical or mental disability that prevents them from working or making a gainful living may file for disability benefits. However, the likelihood of an initial application being accepted is relatively low. Typically, about 35 percent of applicants are approved on their first try. After an initial application is denied, an individual has the right to appeal, and he or she has 65 days to do so.
People in West Virginia who apply for Social Security or Supplemental Security Income benefits and who have to attend a hearing will have a better chance at being successful at the hearing if they have some form of representation. This is because the manner in which disability hearings are conducted is similar to how different types of court proceedings are done. In order to win their case, disability benefits claimants should have a strong case that is properly prepared and whose relevant positions and arguments are effectively presented.
When applying for disability benefits in West Virginia, it's important to be honest about pain levels. By minimizing the pain or other impacts of a disability, it could be harder for an applicant to obtain benefits. Those who are required to participate in a consultative examination will be monitored by the doctor examining them throughout the entire process.
People in West Virginia who apply for Social Security Disability Insurance often face an initial denial. This is true even for applicants who have serious disabilities and are currently unable to work. Since denials at the initial stage can be confusing, many are uncertain about the next steps to take. They may think that it is better to file a new application for benefits rather than to go through the appeals process on the denied claim. However, it is generally better to proceed with the appeal.
When applying for Social Security Disability benefits in West Virginia, it is necessary to show an inability to work for at least the next 12 months. However, this does not mean that applicants cannot work at all. Instead, they must stay below the substantially gainful activity level. Of course, merely not going to work for a period of time doesn't necessarily meet the threshold for obtaining benefits either.
West Virginia residents who file for Social Security Disability benefits often face a lengthy process, even when they have serious disabilities that prevent them from working. At the initial stage, many viable disability benefits claims are denied. However, there is a process that applicants can follow to have their claim reconsidered and move forward in the process. The first step after an initial denial is the reconsideration appeal phase.
It's understandable for individuals in West Virginia seeking disability payments from Social Security to assume that the odds of winning a claim are low. However, many filers are unaware that there are different levels in the approval process where a claimant may win a case, even after initial denials. The approval rate of claims that reach a Social Security administrative law judge is more than 65 percent. Just 35 percent of initial filers are granted benefits while 10 to 15 percent win benefits after filing a reconsideration.
Back pain afflicts almost everyone in West Virginia from time to time, but the Social Security Administration sets the bar high when making determinations about disability benefits for back pain. Benefits examiners want to see objective medical tests that document debilitating conditions. A person's ambulatory ability will factor in as well.
The Social Security Administration will periodically review the eligibility of people in West Virginia who receive disability benefits. The likelihood of a person's medical condition improving will determine the frequency of benefit reviews that could occur every three to seven years. Working a job could also trigger a continuing disability review. If the agency's review determines that disability no longer prevents a person from working, then a notice about the cessation of benefits will be sent. A person has the right to appeal the revocation of benefits and even have payments continue during the appeal, but losing an appeal would require the person to repay benefits issued while the appeal was in progress.
When West Virginia residents seek disability benefits through the Social Security Administration, they must present medical records that spell out their physical or mental limitations. Although an applicant might experience these disabling limitations that prevent holding a job, medical records might not offer much information beyond a diagnosis. To correct this problem, people facing the possibility of disability should explicitly describe their mental or physical difficulties during doctor visits.