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Anyone applying for social security disability benefits in West Virginia will have their submission evaluated by the West Virginia Disability Determination Section. Although this organization solely handles social security disability requests in West Virginia, they are still required to follow federal laws and guidelines, as determined by the Social Security Admission.
As a result, anyone that qualifies for social security disability benefits in another state will still qualify for them in West Virginia and vice versa. In general, an applicant is entitled to social security disability benefits if they are found to be too disabled for any form of prolonged work. An experienced SSDI lawyer can help guide prospective applicants through the process more effectively, but this guide will attempt to look at the different limitations for adult and child applicants.
When an adult applies for social security disability benefits in West Virginia, the Disability Determination Section will pass the evaluation on to Disability Evaluation Specialist, who will then work on the specific case to determine if the applicant is sufficiently disabled. A person is not considered sufficiently disabled unless they can prove that they are prevented from any meaningful work due to an ongoing physical or mental issue that is expected to continue for at least 12 months. In fact, both West Virginia’s Disability Determination Sector and the Social Security Administration have a list of viable impairments for each major part of the body. By reviewing this list with an SSD lawyer, you can see if your impairment qualifies for social security disability benefits.
Children under the age of 18 that apply for supplemental security income go through a process that is very similar to the one for adults that apply for social security disability insurance benefits. They must still prove that they are medically incapable of performing activities comparable to other children of their age for at least 12 months and that they are otherwise severely limited in their functionality.
Even though the Social Security Administration provides a list of acceptable impairments, this alone does not mean someone’s application will be approved. Evaluation specialists are thorough in reviewing an applicant’s materials and will not hesitate to send a rejection. You can offset this by being thorough in your own application and ensuring that all of your materials have been sufficiently prepared.
Jan Dils, Attorneys at Law