Disability Case Evaluation in Charleston, West Virginia
Experienced Help Getting The Federal Disability Benefits You Deserve
At Shawn Taylor, PLLC, we understand that being unable to work due to disability is one of the most difficult obstacles you will face in your life. Federal disability benefits can provide the financial support you need to take care of yourself and your family.
We are an experienced and ethical disability law firm dedicated to helping people who are unable to work due to disabling medical conditions, whether physical or mental. Our attorney, Shawn Taylor, has personally helped thousands of claimants successfully obtain disability benefits. He is a former municipal judge and assistant attorney general who focuses exclusively on Social Security law, drawing on 30-plus years of experience.
Give us a call today at 855-969-4648. There is never any cost to meeting with us initially and discussing your options.
What happens in a Disability Case Evaluation in Charleston, West Virginia?
Before you file a new claim or move forward after a denial, we start with a Disability Case Evaluation. We review your work history, job duties, and earnings record to spot SSDI credit issues early, then match your medical facts to SSA’s decision steps.
You leave with a short, practical task list that is tied to dates, including a provider list and record requests, a work history checklist, and a deadline list for the next filing or appeal step.
What we do in the evaluation:
- List your conditions, treatment dates, and provider contacts.
- Map your limits to SSA’s 5-step process and the past work test.
- Check if the records are enough or if a CE is likely.
- Review denial reasons and pick the best appeal level.
- Estimate the back pay window and first payment timing by program.
- Build a short task list with dates for each item.
How Social Security decides disability (the 5-step process)
If you’re not sure you qualify right now, this evaluation in Charleston, West Virginia can help. We compare your medical proof and work history to SSA’s five-step process.
- Step 1: Are you working at the SGA level?
- Step 2: Is your condition severe and long-lasting?
- Step 3: Does it meet or equal a listed condition?
- Step 4: Can you do your past work?
- Step 5: Can you do other work?
Consultative exams happen when records are thin
Disability Determination Services (DDS) may order a consultative exam (CE) if your medical records do not provide enough detail for a decision in Charleston, West Virginia. SSA explains that DDS typically tries to obtain evidence from your own medical sources first, but if the evidence is unavailable or insufficient, DDS will arrange a CE to get the information needed. [1]
Back pay and first checks depend on your onset date and program rules
In Charleston, we review the onset date SSA can accept and the program that fits your case, because the onset date affects when benefits can start.
- SSDI: Benefits generally have a five-month waiting period, so payments typically begin in the sixth full month after the established onset date.
- SSI: SSI cannot pay for months before you file.
What Is Social Security Disability Insurance?
Social Security Disability Insurance (SSD/SSDI) provides income and medical benefits if you can’t engage in substantial gainful employment due to a chronic and disabling condition. To qualify for SSD benefits, you must meet work history and other eligibility requirements, including proving that you are disabled by providing detailed medical evidence. SSDI may also be available to family members who meet eligibility requirements.
SSDI is not welfare. You have paid into the system in the form of taxes. Getting benefits when you need them is why you have paid into the system to begin with, just like any insurance policy.
What Is Supplemental Security Income?
Supplemental Security Income (SSI) is a disability benefits program similar to SSD. However, there are some key differences. SSI is a low-income program for those whose assets and income are below a certain level. It’s available to people who are blind, disabled or over age 65 as well as their eligible family members. Some people qualify for both SSD and SSI benefits.
Important Information For People Applying For Disability Benefits
SSDI covers basic costs of living for people with a disabling condition expected to last for more than one year. You do not have to be disabled for over one year before applying for benefits. It is important to apply for benefits immediately upon becoming disabled.
The application process for both SSD and SSI can be complicated. We’ll help you understand how and when to apply.
We Help Those Who Have Been Denied Benefits
The majority of initial applications to obtain SSDI benefits are denied. If you are denied, we can take on your appeal – and we won’t accept any fees unless we are successful in getting you benefits.
FAQs for Charleston, West Virginia, disability case evaluation
After my disability exam, what should we check to predict the next decision steps?
You should check whether DDS has received your consultative exam report, whether DDS is still waiting on any medical records, and whether DDS plans any additional exams or questionnaires. You should also check what the exam report is likely to cover, including your medical history, symptoms, daily activities, exam findings, test results (if any), and an opinion about work-related limits.
What does a disability case evaluation include before I file?
A disability case evaluation includes reviewing your work history and earnings, identifying your best alleged onset date, walking through SSA’s five-step decision process, and building a checklist of the medical evidence DDS will look for. It also includes screening non-medical eligibility, like insured status for SSDI and income and resources for SSI.
Can you estimate how far back my disability back pay might go?
Your disability back pay might go up to 12 months before you apply for SSDI if SSA finds you were disabled during that period, but the five-month waiting period can still reduce payable months. Your SSI back pay usually does not go back before you apply, and the earliest payable month is generally the month after you file, assuming you meet SSI rules.
How often will SSA review my case after I am approved?
SSA will review your case on a schedule tied to expected medical improvement. Your case might be reviewed as soon as 6 to 18 months after approval if improvement is expected, about every 3 years if improvement is possible, or about every 7 years if improvement is not expected.
What answers on the disability update report can lead to more review?
Your answers can lead to more review if you report that your health is better, that a doctor told you you can return to work, that you worked or were self-employed, that you started school or job training, or that you had major changes in care like hospitalizations, surgery, fewer visits, or no treatment visits for your condition in the last two years.
Let’s Talk About Your Eligibility For Disability Benefits
Federal disability benefits are complicated and confusing. Our attorney understands the many intricacies of SSD and SSI rules. He knows the application and appeals process inside and out.
Talk to Mr. Taylor about your case. Call our office in Charleston at 855-969-4648. You can also reach us through email. There is no cost to call and get information, so there is no risk or obligation. We serve clients throughout West Virginia, Kentucky and Ohio. You are welcome to meet with Mr. Taylor in person at our office, or have a virtual meeting with him via Zoom or Teams. You can also use these apps to attend court hearings virtually if that is most convenient.
[1] Social Security Administration. “Disability Determination Process.” Disability. https://www.ssa.gov/disability/determination.htm