West Virginia SSDI Lawyer

A serious medical condition can make it impossible to continue working. When you cannot earn a living, Social Security Disability Insurance (SSDI) may provide monthly financial support, but proving you are eligible for benefits can be complicated. About two-thirds of applicants receive an initial denial, even when they have legitimate disabilities.

Denials are very common in the SSDI application and appeals process. A denial doesn’t end your claim. Our Social Security lawyers know how to appeal denials and keep pursuing the benefits you deserve. A West Virginia SSDI lawyer from our firm can guide you through your application or appeal.

Qualifying for SSDI

SSDI has specific medical and work-related requirements. The Social Security Administration (SSA) reviews both your medical condition and your work history before deciding whether you qualify.

Recognized Disabilities

The SSA maintains a list of medical conditions that may qualify for disability benefits. However, receiving a diagnosis alone does not mean an automatic approval for SSDI. In general, the government is looking for evidence that your condition prevents you from performing substantial work for at least 12 months or your condition is likely to be fatal. Qualifying conditions can include, among many others:

• Severe back and spinal disorders
• Heart disease
• Cancer
• Neurological disorders
• Multiple sclerosis
• Epilepsy
• Chronic respiratory diseases
• Autoimmune disorders

Even if your condition does not appear on the SSA’s list, you may still qualify. If you are considering an SSDI claim in West Virginia, our lawyers can explain the requirements and help you prepare an application.

Work Credit Requirements

Unlike Supplemental Security Income (SSI), SSDI is based on your work history. You earn work credits by paying Social Security taxes while employed. Most adults need 40 work credits to be eligible, with at least 20 earned during the 10 years immediately before becoming disabled. Younger workers may qualify with fewer credits because they have had less time to build a work history. It is typical to earn four work credits per year if you have a full-time job.

If you do not meet the work credit requirement, you may still qualify for Supplemental Security Income, but SSDI has specific eligibility rules that cannot be waived. This is because payroll tax receipts pay for benefits, so they are limited to those who have spent years contributing.

How Do SSDI Payments Work?

If the SSA approves your claim, you will receive monthly disability benefits based on your lifetime earnings. SSDI does not pay every recipient the same amount, and instead, these amounts are based on what you have previously earned throughout your career.

After the SSA approves your claim, benefits generally begin after the required waiting period under federal law. Depending on your case, you may also receive back pay for benefits that accrued while your application was pending. Our attorneys who manage SSDI claims in West Virginia can help you pursue benefits and explain how the SSA determines your payment amounts.

What if the SSA Denies My Claim?

An initial denial does not necessarily mean you are ineligible for benefits. The good news is that even if the SSA denies your claim, you have the right to appeal, a process which includes several stages, beginning with reconsideration. If your SSDI claim in West Virginia remains denied, you may request a hearing before an administrative law judge, for which we strongly recommend the presence of an attorney. Additional levels of review are available if necessary.

It is important to give the decision makers a reason to reconsider your case after an initial denial. Rather than simply resubmitting the same information, our lawyers can identify weaknesses in the original application and build a stronger case using evidence such as additional medical or employment documents.