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Applying for Social Security disability benefits can come with some nervousness about being denied, especially when you are facing a serious medical condition. Whether you are seeking Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the application process is complicated, and mistakes are common.
Our Social Security attorneys have over 40 years of experience in securing benefits for applicants. We help West Virginia applicants with the SSD application process and answer your questions at every stage.
One of the major ways SSDI and SSI differ is eligibility requirements. Our attorneys help you apply for either program, or even both at once.
SSDI is available to people who have earned enough work credits by paying Social Security taxes during their employment. In addition to meeting the work credit requirement, you must have a qualifying medical condition that prevents you from performing substantial gainful activity. The Social Security Administration (SSA) must generally expect your disability to last at least 12 months or result in death.
SSI is a needs-based program for individuals with limited income and resources. Unlike SSDI, SSI does not require a qualifying work history. Instead, the SSA evaluates both your medical condition and your financial circumstances. You will need a qualifying disability and must meet the means test.
One of the most important parts of any disability application is providing complete and accurate documentation. The SSA relies heavily on written evidence when deciding whether to approve a claim, and our attorneys help West Virginians with this crucial aspect of the application process.
Medical records form the foundation of every disability application, and may include anything from physician treatment notes to lab results, which can be invaluable to establishing your condition. You will also need information about your employment history. The SSA uses this information when evaluating work credits and determining whether you can perform former work or adjust to other employment.
For SSI applicants, your financial records are necessary. The SSA will review your employment records and investigate your bank information and other assets.
Once your application and supporting documents have been gathered, you will submit your claim to the SSA for review. After the agency receives your application, it verifies your basic eligibility before forwarding the claim for a disability determination.
During the review process, the SSA may request additional medical records or ask you to complete questionnaires about your daily activities and functional limitations. In some cases, the agency schedules a consultative examination with an independent medical provider if it needs more information. Our attorneys ensure the SSA receives complete records and timely responses while it evaluates your Social Security disability application.
Every disability claim follows its own timeline. Some applications move through the system relatively quickly, while others take several months depending on the complexity of the medical evidence and the SSA’s workload. During this stage, disability examiners review all of the records you provided before making a decision.
If the SSA approves your claim, it can still take time before your benefit payments begin. Depending on your case, you may also be entitled to back pay for the months you waited on a decision. If the SSA denies your claim, you have the right to appeal the decision. An appeal may take extra time, but don’t be discouraged. Many applicants go on to receive benefits after presenting stronger medical evidence or correcting issues in the original application.
Filing for disability benefits involves numerous components, which can be confusing if you don’t know how the process works. Instead of applying on your own, work with our experienced legal team to guide you through it. Call our attorneys at Berger and Green for help with the SSD application process in West Virginia.