Social Security Disability Lawyer in Charleston

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.

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.

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 $20 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.