If medical problems have made it impossible for you to work, you might be able to be approved for disability benefits through the Social Security Administration (SSA). The disability approval process is complicated, and it can be a challenge to be approved for benefits. If you have had a claim denied in West Virginia, you are not alone. Your case can benefit greatly from a disability attorney in West Virginia.
Why are Social Security Disability Claims Denied in West Virginia?
There are literally dozens of reasons that claims are denied, but some reasons are more common than others. Here are some of the more common causes for claim denials. And, most of these could easily be avoided with the help of a disability attorney in West Virginia.
The leading cause of being denied disability benefits is a lack of hard medical evidence. This is evidence that not only shows your condition, but also shows that you are unable to work because of the limitations and restrictions you suffer because of your symptoms and the side effects of your treatments.
When a claim is denied, you will receive notification as to why your claim was not approved. You will also get instructions as to how to appeal the decision. A big mistake many people make is they refile a claim rather than filing an appeal. Refiling a claim with the same information will just get another denial. Don’t make this mistake.
Many claimants continue working part-time because they cannot make it without income. A major mistake is making more than the current limit for substantial gainful activity (SGA). If your monthly income exceeds that limit, then Disability Determination Services (DDS) will assume you can work and earn a living, so your claim will be denied.
Many claims are denied because of the claimant failing to get follow-up medical care. Failing to get follow-up care is detrimental to your case. DDS needs to know if your condition has worsened, improved, or stayed the same. Without that information, your claim cannot be approved.
Failing to cooperate with the SSA after filing your claim will also lead to a claim being denied. If you are asked to provide additional details, you need to do so by the deadline. Failing to do this or communicate with DDS will get your claim denied.
With the help of a Social Security attorney in West Virginia, you can improve your odds of getting your claim that was denied in West Virginia approved.
Where are the ODARs in West Virginia?
If your claim was denied, you can request a hearing before an administrative law judge after having filed to appeals. Hearings are held at the Office of Disability Adjudication and Review (ODAR). Here are West Virginia ODARs where hearings are held. It might take months to get a hearing scheduled.
Charleston WV ODAR Office
500 Quarrier Street, Suite 100
Charleston, West Virginia 25301
Huntington ODAR Office
301 9th Street, 2nd Floor Annex
Huntington, West Virginia 25701
SSA, Morgantown ODAR Office
6 Suburban CourtChestnut Ridge Road
Morgantown, West Virginia 26505
A disability attorney in West Virginia can represent you during your hearing. It takes an average of 19.8 months for a hearing in the state and an average of 655 days for a claim to be processed in the state.
How a Social Security Attorney in West Virginia Can Help You With Your Claim Denial
Disability claims are challenging, and most claims are denied. With the help of a lawyer, you can improve your odds of getting your claim that was denied in West Virginia approved. An attorney will help you gather up documentation and will make sure your file is in order for DDS to review. The odds of a successful appeal increase greatly when you have a Social Security disability attorney in West Virginia representing you.
Disability lawyers work on a contingency basis, so you have nothing to lose. Your lawyer will not be paid until you get benefits. Complete the Free Case Evaluation Form on this page today to get your claim on the right track and you can get closer to having an approval for your disability claim.
