| To get disability in West Virginia you must first file an | | | | although it is true that very few disability cases are |
| application with the Social Security Administration, by | | | | successful in West Virginia, the odds aren't great |
| either filling out an application online or going in person | | | | anywhere else in the country either. |
| to your local social security office. It is not at all difficult | | | | In West Virginia, like every other state, the best chance |
| to file for social security disability benefits in West | | | | for winning disability benefits is at the second appeal |
| Virginia. | | | | level. Why? Because the second appeal for benefits is |
| However, it is difficult to win social security disability | | | | decided by a federal administrative law judge (ALJ), |
| (SSD) or supplemental security income (SSI) benefits in | | | | rather than a state disability examiner. For whatever |
| West Virginia, where in recent years only about 3 out | | | | reason, ALJs are statistically more likely to grant |
| of every 10 disability applications have been approved. | | | | disability claims than DDS. And, if you have a lawyer, |
| If your initial disability application is turned down and you | | | | the odds of approval are even better-more than 60 |
| choose to fight the decision, you can file an appeal | | | | percent of all disability appeals are approved when the |
| with the state Disability Determination Services (DDS) | | | | claimant has legal representation. Keep in mind that, |
| agency; however, since this is the very same agency | | | | due to current backlogs in the system, it can take up |
| that shot down your claim the first time around, you | | | | to two years to have your case heard before an |
| should not be overly optimistic about the outcome. | | | | administrative judge! After the long, long disability |
| Actually, the West Virginia DDS has one of the worst | | | | determination process: initial application, reconsideration |
| approval rates for disability appeals, or requests for | | | | appeal, and finally, your chance to appear before a |
| reconsideration, in the country. Nationally, only about | | | | federal judge; you really need to be well prepared. |
| 15% of reconsideration appeals are successful. In | | | | So, if your initial claim for social security disability |
| West Virginia, the numbers are even more dismal: In | | | | benefits is denied, start looking around for a good |
| only about 1 out of 10 reconsideration appeals is a | | | | disability attorney or non-attorney rep as soon as |
| disability examiner's decision to deny a claim | | | | possible, as it's highly likely you will need to appear at a |
| overturned. | | | | disability hearing. A lawyer experienced in representing |
| If you live in West Virginia and have been denied | | | | disability cases can help you present your medical |
| disability benefits, there is still hope. Keep in mind that, | | | | records in the most convincing light possible. |