CHOOSE A LAWYER LIKE YOUR LIFE DEPENDS ON IT.
West Virginia Injury Lawyer Assists with Social Security Disability Claims
Helping West Virginia Residents Navigate SSDI Claims
A long-term illness or injury that prevents you from working can create serious financial challenges for you and your family. Social Security Disability Insurance (SSDI) is designed to provide financial assistance to eligible workers who have contributed to the system over time. At Mountaineer Criminal Law Group, we proudly assist West Virginia residents in navigating the complexities of SSDI claims, whether you are filing for benefits for the first time or appealing a denial from the Social Security Administration.
Understanding SSDI Benefits
Established in 1956, SSDI ensures financial relief for eligible individuals who are unable to work for at least 12 months due to a severe medical condition or have been diagnosed with a fatal illness. Unlike private insurance funded by premiums, SSDI is financed through contributions from workers and employers. Your SSDI benefits are calculated in part based on your lifetime income contributions.
If you’re finding it difficult to manage your SSDI application, Mountaineer Criminal Law Group can review your circumstances and provide insight into potential benefits if your claim is approved.
Eligibility and Application Process for SSDI Benefits
Who Can Apply for SSDI Benefits?
You can apply for SSDI benefits online if you meet the following criteria:
1. Work Credits
- To qualify, workers typically need 20 work credits earned over the last 10 years (one credit equals one quarter-year of contributions to the Social Security system).
- If you’ve worked for fewer than 10 years or have been self-employed, we can evaluate your contributions and determine your eligibility.
2. Long-term or Fatal Disability
- To access SSDI benefits, your condition must prevent you from working for at least 12 months or be medically diagnosed as terminal.
- Payments start in the sixth month after your disability begins.
3. Earning Limitations
- SSDI benefits are intended for those unable to engage in “substantial gainful activity,” meaning you cannot perform tasks from your previous job or transition to a new one due to your condition.
Whether you’re just starting your application or have been denied, we at Mountaineer Criminal Law Group provide thorough guidance to ensure your filings are accurately prepared, avoiding errors that could lead to denial.
Appealing a Denied SSDI Claim
Unfortunately, many deserving SSDI claims are initially rejected. If your claim has been denied, acting swiftly is critical.
Steps for Filing an Appeal
- Request Reconsideration: You have 60 days from the denial receipt date to file for reconsideration. This stage can take months to resolve.
- Administrative Hearing: If reconsideration doesn’t result in reversing the decision, you can request a hearing before an Administrative Law Judge. We represent clients at these hearings, presenting evidence to support your case.
- Further Appeals: If your denial persists, we can guide you through appeals with the Social Security Appeals Council or potentially file a lawsuit in federal court if needed.
Most SSDI reversals occur at the administrative hearing stage, but our goal is to leave no stone unturned if you need further support.
Understanding the Difference Between SSDI and SSI
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) often get confused, but the two programs have distinct qualifications and purposes.
- SSDI: Benefits those who meet required work history qualifications and have valid medical disabilities. Financial need is not a factor for eligibility.
- SSI: Assists individuals who are disabled, elderly, or legally blind and lack the financial resources to support themselves. A work history requirement does not apply.
We at Mountaineer Criminal Law Group help West Virginia residents determine which program aligns with their unique circumstances.
Speak with a West Virginia Attorney About Your SSDI Claim
Navigating Social Security Disability Insurance claims and the appeals process can be daunting. At Mountaineer Criminal Law Group, we specialize in supporting West Virginia residents through each step. From initial applications to appeals, our experience ensures every avenue is explored to secure the benefits you deserve.
Contact us today at 304-202-5835 or through our online contact form to arrange a free consultation. We’re here to protect your rights and fight for the financial assistance you’ve earned.
For further legal assistance, including guidance from a West Virginia car accident lawyer or West Virginia personal injury attorney, feel free to reach out to explore your legal options. Detecting solutions for our West Virginian community is what drives us each day.