Shawn Taylor, PLLC
Get A Free Case Evaluation
304-932-4619

Strive for justice and peace among all people, and respect the dignity of every human being.

View Blog Navigation

social security disability Archives

Benefit applicants shouldn't downplay their pain

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.

Appeals could be key to success for SSDI applicants

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.

What to know about receiving disability benefits

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.

Filing a reconsideration appeal after an SSD denial

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.

Understanding the odds of winning a SS disability claim

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.

Disability for back pain hinges upon walking ability

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.

People risk repaying benefits if they lose SSD cessation appeal

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.

The importance of having medical records that specify disability

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.

Role of expert witnesses in disability cases challenged

People in West Virginia applying for disability benefits after they are no longer able to work may be concerned about the impact of expert testimony in their cases. The U.S. Supreme Court will be hearing a case that will touch on the level of backup data that vocational experts and others in disability cases are required to provide in order to support their assertions. In particular, the case addresses whether the testimony of an expert is sufficient evidence that jobs are actually available to a disabled worker seeking benefits.

Benefit applications drop in West Virginia

According to a recently released report, the Federal Disability Insurance Trust Funds are now expected to run out in 2032 instead of 2028. This is because applications for benefits dropped by 1.5 million in 2017, and it is believed that the economic upturn is partially responsible for that. A stronger economy means more job opportunities for those who may not be able to do manual labor or other physically strenuous tasks.

Email Us For A Response

Get Started Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Shawn Taylor, PLLC
209 Capitol Street
Charleston, WV 25301

Phone: 304-932-4619
Fax: 304-414-6040
Charleston Law Office Map

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

Episcopal Relief & Development Healing a hurting worldHelp People Affected by Disaster. Donate Now.