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Posts tagged "Social Security Disability"

Applying for Social Security Disability benefits

People in West Virginia with mental and physical disabilities may be eligible to receive disability benefits if they are unable to work. Some people may wonder if their application will be handled differently if they have a disability related to mental illness as opposed to a physical impairment. The evaluation process used by disability examiners and administrative law judges is the same, but there may be differences in how a claim is dealt with.

How medical exams impact disability benefit timelines

Those who apply for disability benefits in West Virginia may be required to attend a consultative examination, or CE. This generally occurs when a person has medical records that are considered outdated or provides no medical evidence at all. In some instances, the person reviewing the case needs more information to determine how severe a person's condition is. In such a scenario, an individual will usually be sent to see a specialist.

Administrative hearings generally last 15 minutes

West Virginia residents who have applied for Social Security Disability benefits and have had their claims rejected may be able to appeal their cases all the way to the administrative hearing level. At this point, a judge will review the matter and determine whether there is enough evidence to approve a claim. The judge will typically review the evidence before the hearing starts, which means that the hearing itself shouldn't take longer than a few minutes.

Application rules for disability benefits

West Virginia residents who want to apply for disability benefits from the Social Security Administration should understand the requirements for doing so. One way to do this is to look at the process used by the Social Security Administration to determine applicants' eligibility when they apply for Supplemental Security Income or Social Security Disability Insurance benefits. Prospective applicants should examine the application process, what to do if an application is denied, the criteria used to determine eligibility and what parts of their work and medical treatment records are scrutinized.

Medical records and Social Security disability benefits

West Virginia residents who apply for disability benefits from the Social Security Administration do not need to have a past medical history. However, disability examiners tend to prefer applicants to present records that demonstrate past medical treatment. Individuals who have received treatment in the past for their disabling condition can present physician notes to provide a perspective on their conditions that may not otherwise be available.

Rheumatoid arthritis and SSD

West Virginia residents who have rheumatoid arthritis and who want to apply for Social Security Disability benefits should understand how work activity factors into the decision of whether they are able to receive them. Applicants cannot be employed and earning an income that exceeds the SGA monthly earnings limit. Because the SGA limit is adjusted every year, it is important that applicants know what the limit is before they submit an application. People who earn an income that exceeds the SGA limit will receive a technical denial for their claim without it ever undergoing a medical evaluation.

Few disabilities automatically qualify one for SSD benefits

The Social Security disability determination procedure is a complicated system of rules, regulations and prior decisions. Many West Virginia residents who have had a work accident or otherwise have an inability to work apply for SSD benefits only to find that they are denied. Despite the physical or mental impairment the claimant may suffer, the term "disabled" is a specific finding to be made by Social Security Administration examiners only after following a defined sequential process.

Ending of disability benefits

Virginia residents who receive Supplemental Security Income or Social Security disability benefits should expect to undergo periodic reviews to establish the status of their disabling condition. The reviews tend to take place every three to seven years. When they occur will depend on the possibility of whether a person's condition that is causing the disability is going to get better, or improve medically. Disability beneficiaries who seem unlikely to medically improve are generally given a continuing medical review every seven years; these include individuals whose impairments are classified as permanent disabling by Social Security.

Judges and Social Security Disability

The majority of West Virginia residents who have applied for disability benefits from the Social Security Administration will have to see a judge. They need to go through a very stringent evaluation process that entails going through impairment listings. These listings address disorders and illnesses for all of the body's systems and establish the criteria that have to be met in order for the applicant to qualify for the disability program.

Functional limitations are an important SSD consideration

When most West Virginia workers consider filing for Social Security Disability benefits, they have little understanding of the process. It is commonly assumed that if one has worked for most of their life and can no longer do so due to a mental or physical disability, SSD benefits will be awarded. That may or may not be the case, but the manner that the Social Security Administration uses to determine disability is a specific, sequential process governed by complex statutes and prior decisions.

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Shawn Taylor, PLLC
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Phone: 304-932-4619
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