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For the purposes of receiving Social Security disability benefits (SSD or SSDI) or Supplemental Security Income (SSI), the applicant must prove that he or she has a disability to apply Social Security Disability in West Virginia.
Under the law, a disability is any medical condition that prevents you from maintaining substantial gainful activity due to a medically determinable physical or mental impairment. The condition must last for a continuous period of 12 months or result in death.
Even though the law states that the disabling medical condition must last for a continuous period of 12 months, filing for Social Security disability benefits (SSDI or SSI) should happen as soon as you become disabled.
The sooner you file for disability to apply Social Security Disability in West Virginia, the more financially secure you will be. This is because SSDI and SSI benefits are paid as of the date of your application.
The filing process for Social Security disability benefits can take a long time, and if an appeal is necessary the process will end up taking even longer.
Another reason for filing an early application for Social Security disability benefits is to give yourself time to prepare your application with the help of experienced Social Security disability lawyers. we help you to Apply for Social Security Benefits
At the law firm of Jan Dils, Attorneys at Law, we have extensive experience guiding our clients through the process of filing for Social Security disability benefits, including SSD and SSI. we can guide you best on How to apply Social Security Disability in West Virginia (wv).
With our help from the beginning of your case, you may have a better chance of getting an early — and positive decision — on your application for filing disability benefits.
Over the decades, our lawyers and staff have helped thousands of people with successful SSDI and SSI applications. We have recovered more than $100 million on behalf of our disabled clients.
Our attorneys will gather all necessary medical and financial records on your behalf in an effort to help you complete the original application in a way that maximizes your chance for early success.
In the event that an appeal becomes necessary, we will file all the necessary paperwork and be at your side during the hearing before an administrative law judge.
When you are ready to apply for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI), make sure you have the following information available:
You will have to first file a claim with the Social Security Administration. In contrast to social security disability insurance, supplemental security income is primarily designed for children and adults that have not yet worked enough to qualify for other forms of benefits.
While it’s certainly possible to win an appeal without any legal aid, the odds of success dramatically improve when using the services of an SSI attorney. In order to qualify for benefits in West Virginia, it must be proven that a person is unable to work for at least twelve months as a result of ongoing mental or physical impairment. This sets the burden of proof fairly high, especially when compared to other benefits programs like worker’s compensation or veteran’s benefits. To start the application process, citizens of West Virginia can visit ssa.gov or visit a local social security office. Once a claim has begun, it is passed on to a disability evaluation specialist to determine its validity.
When a claimant’s disability is severe enough, there are no further processing steps. In other cases, the disability evaluation specialist will want to conduct additional assessments to determine the extent of any impairments. If the claim is rejected, the appeals process can be started within 60 days of the rejection.
Unfortunately, most of the people that need supplemental security income are denied their initial claim. This can be due to a variety of factors, but one of the most common is incomplete or improper paperwork. In these situations, an SSI attorney can help properly fill out the claim and take over the appeals process to ensure that the state provides the necessary resources. Receiving supplemental security income in West Virginia can be a complex and difficult process on your own, but with the right professional help, the process is much more streamlined and stress-free. Perhaps most importantly, a supplemental security income attorney only receives a small portion of any back pay awarded, with a limit of up to $6,000.
The short answer? You should apply for disability benefits as soon after the onset of your disability as possible. The process can be lengthy, taking three to five months just for the application to be processed. And if your initial claim is denied, it can take two years or longer. In order to give your case the best possible chance, your initial claim must be as thorough as possible. Missing, incomplete, or inconsistent information will be denied every time.
Another crucial thing to remember: Although you must be disabled for five full calendar months before the Social Security Administration (SSA) will consider you eligible for Social Security Disability Insurance (SSDI) (for the Supplemental Security Income program, there is no wait time), you should still apply as soon as possible. This just means you will not receive any benefits until the sixth calendar month of disability, not that you should wait five months before applying.
If you have additional questions about Social Security Disability benefits, contact Jan Dils Attorneys at Law at 877.526.3457 for an expert consultation. We have an experienced team of disability attorneys, and one of our representatives will be happy to answer your questions. If you’d prefer to contact us online, please fill out this form and we will respond to you shortly. For even more details about applying for benefits, you can request your free copy of Attorney Jan Dils’ new book, Getting the Social Security Benefits You Deserve, by clicking here.
Jan Dils, Attorneys at Law