New Martinsville
Social Security Disability Lawyer

On This Page

1. How Can Our Attorneys Help You Secure SSD Benefits in New Martinsville, WV?
2. Do You Have a Health Condition that Makes You Eligible for SSD?
3. Our Attorneys Help Clients Fight Denied SSD Claims
4. Call Berger and Green Today for Help With a New Martinsville Social Security Disability Benefits Claim

REVIEWED BY

C. William Kenny

August 08, 2023

Board certified by National Board of Trial Advocacy

Social Security Disability (SSD) benefits are available for individuals who cannot work because of injury or illness. If you have a qualifying condition, these payments can go a long way toward protecting your financial stability. However, securing SSD can be difficult, and many applicants get denied. 

Berger and Green’s New Martinsville Social Security Disability lawyers can file your initial application and appeal unfavorable determinations. We will not rest until we get the benefits you deserve, and you owe us no payment until we resolve your claim. Our legal team can help you get started today with a free consultation. 

How Can Our Attorneys Help You Secure SSD Benefits in New Martinsville, WV?

Social Security Disability encompasses two benefits programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). You must apply for each using a separate application, and some individuals qualify for payments from both programs. 

To receive SSDI, you must have earned work credits through your employment. Most people need a minimum of 20 credits (five years of work) to qualify, though younger workers may require fewer.  SSI is available to disabled individuals with little income or resources. You do not need work credits to qualify. 

Unfortunately, many people who seek SSDI and SSI receive a denial of their initial claim and must appeal to get the benefits they need. This process can be complex, especially while coping with a severe injury or illness. We want to take this burden off your plate. Our New Martinsville Social Security disability lawyers can do the following to assist you:

• File your initial SSDI or SSI applications
• Review denied claims and determine why your application was unsuccessful
• File your appeal and adhere to appeal-related deadlines
• Build your appeal using additional medical and financial evidence
• Answer your questions, represent you through the process, and provide frequent and timely updates

Monthly Payment Amounts

SSD payments can help with your monthly bills and living expenses if you cannot work. How much you receive varies from person to person. 

Your SSDI benefit rate is based on your earned work credits, with more credits usually equaling a higher payment. You can learn more about what your claim may be worth using the Social Security Administration (SSA)Benefits Calculator.

The SSA establishes the annual SSI rate based on economic factors like the cost-of-living adjustment (COLA). For 2023, it is set at $914 a month per individual. West Virginia does not provide an additional state supplement.

In addition, understand that other benefits or sources of income you currently have will affect your SSD payments and eligibility. These include:

• Pensions and retirement benefits
• Workers’ compensation benefits
• Settlements and legal awards
• Veterans’ benefits
• Unemployment insurance

If the SSA denied your application because it believes you have too much money or income, we can appeal if you disagree. Our attorneys can also appeal if you think your monthly payment amount is incorrect. 

Do You Have a Health Condition that Makes You Eligible for SSD?

Injuries and illnesses that qualify for SSD (and specific criteria for evaluating their severity) are in the Blue Book. If you have a listed condition, it will likely be easier to prove your eligibility for disability benefits. Health problems in the Blue Book include, but are not limited to:

• Severe back problems
• Severe burns
• Speech, vision, and hearing impairments
• Cancer
• Organ transplant
• Amputation
• Early-onset Alzheimer’s disease
• Parkinson’s disease
• Amyotrophic lateral sclerosis (ALS)
• Chronic kidney or liver disease
• Multiple sclerosis (MS)
• Chronic heart disease
• Epilepsy
• Mental disorders
• Immune system disorders

You can still seek benefits for conditions not in the Blue Book. However, you will need to give the SSA medical evidence showing your injury or ailment is as severe as those included. 

Your Symptoms Must Limit Substantial Gainful Activity

The SSA will assess whether your condition has or will interfere physically or mentally with basic work-related activities for at least 12 months. To do this, it will determine if your health problem prevents you from performing substantial gainful activity (SGA). 

According to the SSA, SGA in 2023 is $1,470 per month on average. If the administration believes you can earn this amount doing your current job or another type of work, you will not qualify for SSD. 

Evidence You Will Need to Give to the SSA 

The SSA will decide your eligibility for SSD using the evidence you submit with your application. It will also use this information to prove your identity and contact you if necessary. You should prepare the following documents to submit with your initial claim:

• Birth certificate/proof of U.S. citizenship or lawful alien status
• W2s or self-employment tax forms
• A completed Adult Disability Report
• Medical records, lab test results, treatment reports, and any other medical evidence you have regarding your condition
• Proof of other benefits or sources of income
• Military discharge papers (if you served before 1968)

You should not wait until your condition lasts 12 months to apply. Instead, you should seek benefits as soon as your health problem puts you out of work. Our New Martinsville Social Security disability attorneys can get the ball rolling by filing your initial application for you. 

Our Attorneys Help Clients Fight Denied SSD Claims

The legal team at Berger and Green has 40-plus years of experience helping injured and disabled clients secure disability benefits. We can put our knowledge and skills behind your appeal. Our West Virginia SSD lawyers can manage your claim and fight for you at every stage:

1. We can ask for a Reconsideration of the initial decision 
2. We can represent you during an Administrative Law Judge (ALJ) hearing. Actions we can take include supplying new evidence, questioning witnesses, and helping you to prepare for and navigate this official legal proceeding. 
3. We can ask for an Appeals Council review if we believe there was an error in the ALJ’s ruling. 
4. If necessary, we can pursue your claim in Federal Court.

Do not wait too long to reach out for help. We only have 60 days from when you received notice of your unfavorable determination to file for reconsideration. After that, we have 60 days between each stage of the appeal to move your claim forward. 

Call Berger and Green Today for Help With a New Martinsville Social Security Disability Benefits Claim

Berger and Green can help you start your benefits claim or appeal today with a free consultation. Contact us to learn how our New Martinsville Social Security Disability lawyers can take your case for nothing up front or out of pocket.