Get The Compensation You Deserve
West Virginia Social Security Lawyer
Experienced West Virginia Social Security Lawyer Advocating for Your Rights
If you are unable to work due to a disability, you may be eligible for Social Security Disability (SSD) benefits. Unfortunately, the process of applying for and securing these benefits can be complex and frustrating. At The Law Offices of Mark T. Hurt, our experienced West Virginia Social Security lawyers are here to help you navigate the system and ensure that you receive the benefits to which you are entitled.
We understand how important these benefits are to individuals and families facing financial hardships due to a disability. Our team is dedicated to providing compassionate, knowledgeable representation and fighting for the full benefits you deserve.
Why You Need a West Virginia Social Security Lawyer
Many initial applications for Social Security Disability benefits are denied, often due to errors or lack of sufficient medical documentation. Having a skilled West Virginia Social Security lawyer by your side can significantly improve your chances of success. We help by:
- Guiding You Through the Application Process: We ensure that your application is complete and that all necessary medical records and documentation are submitted properly.
- Appealing Denied Claims: If your initial application is denied, we can represent you through the appeals process to challenge the decision and fight for your benefits.
- Representing You in Hearings: We prepare you for hearings and represent you before the Administrative Law Judge (ALJ) to present a compelling case on your behalf.
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Understanding Social Security Disability Benefits in West Virginia
The Social Security Administration (SSA) provides two main types of disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
- SSDI: SSDI benefits are available to individuals who have worked and paid into the Social Security system through payroll taxes and are now unable to work due to a disability. The amount of your benefit is based on your work history and the amount of taxes paid.
- SSI: SSI benefits are available to disabled individuals with limited income and resources, regardless of their work history. SSI is need-based, and eligibility is determined by your financial situation.
Our West Virginia Social Security lawyers can help determine which benefits you may be eligible for and guide you through the process of securing them.
Who is Eligible for Social Security Disability in West Virginia?
To qualify for Social Security Disability benefits, you must meet the SSA’s definition of disability. This means:
- You are unable to perform any substantial gainful activity due to a medically determinable physical or mental impairment.
- Your disability has lasted or is expected to last for at least 12 months or result in death.
Additionally, for SSDI, you must have worked long enough and recently enough under Social Security, with your eligibility based on work credits.
What to Do if Your Social Security Claim is Denied
If your initial application for Social Security benefits is denied, don’t lose hope. The majority of applications are denied at the initial stage, but many individuals are successful on appeal. Our West Virginia Social Security lawyers can help you file an appeal and represent you throughout the entire process, including:
- Reconsideration: The first step in the appeal process is to request a reconsideration, where your case will be reviewed by someone who was not involved in the initial decision.
- Administrative Law Judge (ALJ) Hearing: If your reconsideration is denied, we can request a hearing before an ALJ. This is often the most critical step in the appeal process, and having an experienced lawyer represent you can greatly improve your chances of success.
- Appeals Council Review: If the ALJ denies your claim, we can request a review by the Social Security Appeals Council.
- Federal Court: If necessary, we can take your case to federal court to fight for your rights.
Common Reasons for Social Security Denials
The SSA may deny your claim for several reasons, including:
- Lack of Medical Evidence: Your medical records may not provide sufficient documentation of your disability.
- Failure to Follow Treatment: If you did not follow the prescribed treatment plan from your doctor, the SSA may deny your claim.
- Working Too Much: If you are working and earning above the substantial gainful activity (SGA) limit, you may not be considered disabled by SSA standards.
- Failure to Provide Requested Information: If you did not submit all requested documentation or missed deadlines, your claim may be denied.
Our team will work with you to address these issues and ensure that your appeal has the strongest chance of success.
How a West Virginia Social Security Lawyer Can Help You
Here’s how our West Virginia Social Security lawyers can assist you:
- Free Consultation: We offer a free initial consultation to review your case and determine the best course of action.
- Filing the Initial Application: We assist with completing and submitting your application, ensuring that all required medical evidence is included.
- Gathering Medical Evidence: We work with your doctors to obtain the medical documentation needed to support your claim.
- Appealing Denials: If your claim is denied, we represent you through every stage of the appeals process, from reconsideration to federal court.
Contact Our West Virginia Social Security Lawyers for a Free Consultation
If you are unable to work due to a disability, don’t go through the Social Security process alone. Our experienced West Virginia Social Security lawyers are here to help you navigate the system and fight for the benefits you deserve.
Call us today at (304) 938-0738 or fill out our online contact form for a free consultation.
At The Law Offices of Mark T. Hurt, we are committed to helping disabled individuals in West Virginia secure the Social Security benefits they are entitled to. Let us put our experience to work for you.
