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Charleston WV Personal Injury Law Blog

Social Security Disability benefits and tax obligations

The lives of residents in West Virginia and elsewhere are often controlled by finances. However, when an individual's or family's finances are constrained because of a debilitating injury or illness, this can makes it challenging to make ends meet. In these matters, Social Security Disability benefits are used to fill the gaps. These benefits help individuals and families cover the costs and damages associated with a disability caused by an accident or an illness.

While Social Security Disability (SSD) benefits can be a lifesaver, it is important to note that these benefits are not just simply handed to eligible beneficiaries. In other words, some recipients of SSD benefits are required to pay federal income taxes on the benefits they receive from the Social Security Administration (SSA).

What is the Plan to Achieve Self-Support program for SSI?

Suffering a serious injury can be life altering. This is especially true if an accident resulted in a debilitating injuring. Accident victims in West Virginia and elsewhere are likely greatly impacted by the inability to work. However, applying for benefits through the Social Security Administration (SSA) could help offset the financial burdens and hardships caused by the disabling injury. While Supplemental Security Income or SSI could help applicants address these financial concerns, there are some programs that could help recipients get back on their feet and return to work.

What is the Plan to Achieve Self-Support program for SSI beneficiaries? The Plan to Achieve Self-Support program or PASS is an incentive to work program designed to help individuals with disabilities return to work. In order to qualify for this program, an individual must currently receive SSI.

Helping you recover SSD benefits following a debilitating injury

Whether it is in the workplace, in an automobile accident or on the property of another, an unexpected incident can cause much disruption in the lives of accident victims. Residents in West Virginia and elsewhere may suddenly endure much pain and suffering in an incident; however, this suffering may continue to last for an extended period of time. In some unfortunate cases, victims may suffer a debilitating injury due to an accident, causing an individual to endure a permanent disability. This will likely impact the individual's life, making it difficult to deal with the person's current situation.

At Bailey, Javins & Carter, L.C., we understand how life altering a debilitating injury can be on individuals and families in Charleston. That is why our law firm is dedicated at helping those with disabilities understand their rights and options. Social Security disability benefits can be the answer for those struggling with a debilitating injury.

Wait for hearing for applicants appealing denied SSD claims

When individuals in West Virginia and other stats across the country are unable to work because of an injury, illness or disability, this can be very problematic and life impacting for the individual. While Social Security disability benefits are available to those suffering from serious disabilities, those filing for benefits may not receive them following their initial claim. In fact, many are initially denied and will have to appeal this decision if they seek to collect SSD benefits.

A denied claim requires an applicant to go through the appeals process; however, this process is not always quick and often causes an applicant to make numerous appeals until they reach a favorable decisions or run out of options. However, due to a substantial drop in the Social Security Administration's staffing, this has caused a major backlog in those attempting to appeal a denied claim.

What is the appeals process for SSD benefits?

For those suffering a disability in West Virginia and elsewhere, it can be difficult to meet all the financial responsibilities required of an individual or a family. In some cases, a serious or permanent disability can make it difficult or impossible to work, thus, making it challenging to make an income to cover living expenses. In these matters, an individual will likely seek Social Security disability benefits; however, not all applicants are approved. In these cases, an applicant may want to exercise the person's right to appeal a denied application for disability benefits.

What is the appeals process for SSD benefits? Following a denial, an applicant has 60 days to make a written request for an appeal. The appeal process is made up of four levels. The first level is reconsideration, which is followed by a hearing by an administrative law judge. The third level is a review by the Appeals Council and the final level is a Federal Court review.

Seeking SSD benefits for children with disabling diseases

No one ever wants to hear the devastating news that people have a serious disease. For parents in West Virginia and other states across the nation, there is no way to prepare for the horrible news that their child has cancer. Unfortunately, thousands of Americans under the age of 20 are diagnosed with cancer every year, and for many, this is a disabling disease that tremendously impacts the sufferer's life.

When it comes to Social Security disability, there are programs available for these young cancer sufferers. Although most children with cancer have not paid Social Security taxes and thus cannot be covered by Social Security disability benefits through Social Security disability insurance, these children could still receive disability benefits through the Supplemental Security Income program. SSI is available for disabled children who have limited income and resources.

Collecting SSD benefits for a mental illness

Living with a disability can be just that, debilitating; however, disabilities come in all shapes and sizes. Thus, a person suffering from one disability will have vastly different experiences than a person suffering from a different disability. Nonetheless, these differing disabilities have the ability to impact the lives of individuals in West Virginia and other state across the nation. And, as a means to offset these hardships caused by a disability, individuals will apply for Social Security Disability benefits.

Mental illness is considered a disease of the brain, and in order to be classified as one of the nearly 300 established mental illnesses, the disorder must cause distress, dysfunction and disability in one or more areas of life functioning. And, when the symptoms are severe enough to seriously limit the activities and the quality of life of the sufferer, a mental illness can be classified as a disability.

What is the difference between SSD benefits and SSI?

Whether you were born with a disability or acquired one in life due to an injury or an illness, living with a disability can be very challenging for residents in West Virginia and elsewhere. It is not only difficult to carryout daily activities, but it can be hard to maintain a job and even pay for all the medical expenses required to address any arising health concerns from the disability suffered. Such a condition can make it impossible or nearly impossible for the individual and the person's family to meet all their financial requirements and basic needs. Thus, a person living with a disability is likely to apply for Social Security disability to help offset these financial burdens.

What is the difference between SSD benefits and Supplemental Security Income? The Social Security Administration runs both of these programs, and both programs provide benefits to individuals based on the disability the person is suffering from and certain factors that make them eligible for each program.

Helping you gain SSI benefits after a disabling injury or illness

The unexpected events in life is often what makes it enjoyable and exciting; however, there are some unexpected events that could generate an immense amount of physical, mental and emotional pain, impacting the life of an individual tremendously. No one is ever prepared to suffer in a work accident, be diagnosed with a serious illness or suffer a debilitating injury or illness in any setting. The impact of a disability, whether it is permanent or not, can be financially debilitating. Therefore, it can be necessary for those living with a disability to seek out resources to help them meet all their basic and financial needs.

While Social Security disability benefits can be the source to provide the necessary funds, an applicant needs to meet the criteria laid out by the Social Security Administration or the SSA. Moreover, these funds, if awarded, may not meet all the needs of the individual. At Baily, Javins & Carter, L.C., our legal team is dedicated to guiding individuals and families in West Virginia with any issues pertaining to SSD or applying for Supplemental Security Income or SSI.

Understanding SSI benefits for children and eligibility

Parents in West Virginia and elsewhere often face the normal challenges that come with raising a child; however, for those raising a child with disabilities, these challenges can often be greater and more costly. Whether a child was born with a disability or attained one due to an injury or illness, it can be tremendously difficult for parents to meet the many needs and financial requirements for the child. In these cases, it might be helpful to consider Supplemental Security Income because it is not just a benefit for adults with disabilities

SSI for children is available for who is neither married nor the head of a household and is under the age of 18 or is under the age of 22 but is a student who regularly attends school. In order for a child to be eligible for SSI disability benefits, the child must be either blind or disabled.

Office Locations in Charleston, Logan and Summersville, West Virginia

Bailey, Javins & Carter, L.C. | 213 Hale Street | Charleston, WV 25301 | Local: 304-932-4639 | Toll Free: 800-889-5851 | E-Mail Us | Charleston Law Office Map

Bailey, Javins & Carter, L.C. | 116 Stratton Street | Logan, WV 25601 | Local: 304-932-4639 | Toll Free: 800-889-5851 | E-Mail Us | Logan Law office Map

Bailey, Javins & Carter, L.C. | 704 Professional Park Drive | Summersville, WV 26651 | Local: 304-461-4733 | Toll Free: 800-889-5851 | E-Mail Us | Summersville Law Office Map