Charleston, WV Social Security Disability
Social Security disability benefits are designed to provide the financial support you and your family need if a medical condition keeps you away from work. But what happens if you’re denied the funds you deserve?
Morgan & Morgan’s Charleston office specializes in a range of practice areas including Social Security Disability law. If you’ve been denied benefits, fill out a free case evaluation form.
Determining Your Eligibility for Social Security Disability Benefits
In order to receive social security disability insurance (SSDI) benefits, you must meet the necessary requirements. Here’s a quick overview of what that entails:
- Employment status: If you’re employed and make more than a designated amount per month, you won’t be considered for disability ($1,260 as of 2020).
- Severity of the medical condition: To be eligible for SSDI benefits, your injury or condition must also prevent you from performing your job duties for at least a year.
- Social Security Administration (SSA) list of conditions: The SSA has a list of conditions that automatically qualify for disability, so check to see if yours is listed.
- Ability to continue previous work: If you’re unable to continue performing the duties of your current job, even if your condition isn’t on the list, the SSA will look into your case.
- Ability to work in general: If the SSA deems that your disability prevents you from gainful employment in a different capacity, you may be eligible for SSDI.
Appealing a Denied Claim
Initial claims are denied more often than not. If your claim was denied, you still have options.
- Reconsideration: After the initial denial of your claim, your attorney can file a request for consideration with a different claims examiner.
- Hearing: If your claim continues to be denied, you can request a hearing with an administrative law judge. Your attorney can also prepare you for questioning, subpoena witnesses, and otherwise argue the case on your behalf.
- Appeals Council: Although another hearing is not guaranteed, you may ask the Social Security Appeals Council to review your case.
- Federal Court: Even if you’ve been denied everywhere else, you may file a lawsuit in federal district court.
You Can Afford Us
Our West Virginia attorneys understand the stress that comes with a denied claim, and it’s our goal to reduce that stress in any way we can. That’s why we operate on a contingency fee basis, which means we only get paid if we win your case. There’s no risk to you, and you never pay out of pocket.
Morgan & Morgan has been fighting For The People since the firm was founded in 1988. Since then we’ve won more than $9 billion for our clients. We also specialize in workers’ compensation and personal injury cases.
If you’ve been denied Social Security Disability insurance benefits, fill out a free case evaluation form to see how we can help.