How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
Hiring a Qualified Disability Lawyer in West Virginia
Claimants with disability representation in West Virginia tend to have a higher percentage of benefit approvals, have a need to file fewer appeals, and receive more favorable "onset dates" (the onset date is the date the disability is proven to have begun) which can result in higher amounts of back pay benefits.
Social Security Representation may be provided by a disability lawyer or by a specialized non-attorney disability representative. Many non-attorney reps are former Social Security Administration Claims Specialists and Disability Examiners.
A well-qualified disability representative will have a knowledge of Social Security administrative law and procedures, especially concerning how claims are approved through the Social Security listings and the medical vocational grid rules. A qualified and competent disability representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, how to analyze it correctly, and how to incorporate it as part of a winning strategy for a claim.
To learn about fees for representation, see: "How do disability lawyers get paid?"
In all states, most Social Security (SSDI) and Supplemental Security Income (SSI) disability claims are initially denied. In West Virginia, the number of initial disability claims and reconsideration appeals denied (the request for reconsideration is the first appeal) actually surpasses the national average.
In a recent period, the West Virginia DDS (disability determination services, the state agency that makes claim decisions at the first two levels of the system) denied more than 75 percent of their initial disability claims. This was compared to a national average denial rate of about 68 percent.
A person who has been denied should always (assuming their condition has not improved) utilize the appeal process. Unfortunately, the odds of being approved at the reconsideration appeal level are even more dismal in West Virginia.
Reconsideration appeals are sent back to the same DDS for a review of the initial disability decision. Unless the initial disability examiner made an error or the disability applicant submits new and compelling medical evidence, there would be very little reason for the decision to change as the same strict rules and guidelines are used for the review and the initial disability claim decision.
The West Virginia DDS only approves 3.9 percent of their reconsiderations and that is one of the lowest reconsideration appeal approval rates in the nation.
If you have been denied at both your initial disability and reconsideration appeal, your next step in the disability process is to request a disability hearing with an administrative law judge. This is your best chance of being approved for disability benefits in West Virginia or any other state; unfortunately it could take months before you get your hearing. Now is the time to consider a professional Social Security Disability representative if you do not already have one.
Most disability applicants have no idea what information a judge needs to approve a disability claim. Nor do they know how to analze a case to understand why the claim was previously denied, what evidence was considered (or not considered even though it was part of the file), whether or not a medical-vocational rule was improperly applied, or whether the claimant's work history was not properly taken into consideration.
The function of a disability representative or disability lawyer at the hearing level will be to ensure that the case has the maximum chance of approval. A representative will do this, primarily, by attempting to obtain the most effective and relevant evidence. However, obtaining the evidence is only the beginning the of the process.
The attorney or representative will need to examine the evidence to see if A) the claimant has a specific medical condition (physical or mental) that automatically qualifies the individual for disability benefits (because the evidence satisifies certain criteria in the Social Security list of impairments) or B) if the claimant's functional limitations (that result from their condition, or conditions) effectively limits their ability to work at one of their past jobs, as well as ruling out their ability to switch to some type of other work.
Proving that the claimant cannot return to their past work or do some type of other work will require that the disability attorney or representative fully understands the medical evidence as well as the various aspects of the claimant' work history.
In addition to obtaining and analyzing the claimant's medical records, a lawyer or representative will typically attempt to secure a supporting statement from a treating physician, defined as a doctor who has a history of providing treatment to the claimant and is, therefore, qualified to issue a prognosis regarding their condition, as well as an assessent regarding their functional capabilities (i.e. ability to engage in work activity).
Representation on a Social Security Disability or SSI disability claim should always be in place if a disability hearing will be attended. The statistics are fairly consistent in illustrating that represented claimants have a much higher likelihood of being awarded benefits by a federal judge than unrepresented claimants. Which of course, is logical considering that Social Security Administrative law is fairly complex and the unrepresented claimant will have difficulty comprehending even the most basic concepts such as DLI (date last insured), periods of disability, recency of evidence, substantial gainful activity, sequential evaluation, and the application of grid rules.
However, representation on a disability claim can also be useful for claimants when it is obtained much sooner. For many claimants, being represented from the very beginning will ensure that crucial deadlines are not missed, that appointments for consultative examinations are not missed, and that appeals are filed appropriately. Representation can also result in a claim being won sooner, sometimes eliminating the need for a hearing which can add many months of time to a disability claim.
What is the Social Security Disability SSI list of impairments?
Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.