Wait for hearing for applicants appealing denied SSD claims

When individuals in West Virginia and other states 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.

In fact, recent data suggests that 1.1 million applicants are waiting an average 543 days for the person’s appeal at the hearing level. This wait is related to the staffing at the SSA dropping. According to the Center on Budget and Policy Priorities, there was a 14 percent staffing drop since 2010. That amounts to a loss of 1,989 workers who are no longer able to process disability claims.

This staffing shortage is a growing problem, especially for those appealing their denied claims. In fact, there are also staffing challenges in the appeals stage due to a shortage of administrative law judges available to hear disability claims. Due to these shortages, those applying for SSDI can roughly expect a 30-month wait to just receive a hearing.

While the SSA has released a plan to address these issues, it is projected that the problems of backlogs will not be resolved until the summer of 2020. Whether people are waiting for an appeal, waiting to hear a decision or are working on a SSD application, it is important to take the time to be fully aware of their rights and options. This will help progress the process when the time comes to act on a decision made by the SSA.

Accident Injury Lawyer - Bailey Javins & Carter

Seeking SSD benefits for mental conditions

Being involved in a serious accident is a traumatic and life impacting event. In most cases, a victim suffers major physical injuries. While it is clear that medical intervention is required to help the victim recover and heal from injuries, what about the injuries that cannot be seen? A major accident, no matter the type or cause, could greatly impact the victim’s emotional and mental health as well. The gravity of this impact can be hard to measure, but could result in severe anxiety, depression and even post-traumatic stress disorder. Such a circumstance could make it difficult or even impossible for victims to return to normal life, even after they have healed from the physical injuries.

At our law firm, we understand the tremendous amount of stress an accident victim undergoes, making it a difficult situation to fully recover from. We are devoted to fighting for and protecting the rights of those suffering from disabling mental conditions. Social Security Disability, or SSD, is available to those who are unable to work due to qualifying impairments.

And, for those suffering from PSTD, anxiety, depression or other mental conditions, it is possible to collect SSD benefits and meet your basic financial needs. At our law firm we attempt to help individuals at any and all phases of the application process. Whether you require additional information, medical documents or evidence that help prove you qualify for benefits, our law firm has helped past clients collect the necessary documents and information for their legal issues.

 

SSD benefits and financial planning

Whether young or old, West Virginians can never know what to expect when a disabling injury plagues them. No matter the cause, when an injury leaves an individual disabled, this could greatly impact their ability to meet basic necessities and pay monthly bills. Therefore, those suffering from such an injury often seek out assistance from government programs, such as Social Security Disability benefits, otherwise known as SSD benefits. 

SSD benefits help individuals and families who are financially constrained due to a loss in income from a disability. But, it can be difficult for beneficiaries or recipients of benefits to manage these benefits with other benefits he or she receives.

Although, it is not required to hire a financial advisor to help manage these benefits, it is still important to understand how these benefits are distributed and how they impact other family members. For example, a spouse could receive benefits, if he or she qualifies based on age or if parents are caring for a disabled child.

When a person receives SSD benefits, it is important to understand how long these benefits will remain in effect. It is also important to understand whether the recipient is required to prove eligibility every year or how benefits are impacted if a recipient returns to work part time or full time.

If it is clear that an applicant is receiving SSD benefits, it is advisable to determine the amount and for how long. Based on this information, a recipient should devise a workable financial plan. This could help them allocate the benefits, insuring that the finds are used to cover all necessary expenses.

Whether applying for benefits, required to prove eligibility or seeking to appeal a denied claim, it is important to understand the options available. This might mean taking additional steps to gain a better understanding the options from legal professional.

However, for individuals currently receiving SSD benefits, it should be understood that there are available programs that could help recipients return to work.

SSD beneficiaries using programs to gain employment

When West Virginia residents suffer an injury on-the-job or in an accident, the main concern is likely undergoing the proper medical treatment to recovery from the injury. Typically, minor injuries do not require much downtime to recover from, while others involve a lengthy recovery process. When an individual suffers a serious injury, the likelihood of temporary or permanent disabled is high. Moreover, the disability suffered will make it challenging to work for an extended period of time.

For those dealing with a disability that resulted from an injury in an accident, Social Security Disability, or SSD, benefits can be a life changer. However, for individuals currently receiving SSD benefits, it should be understood that there are available programs that could help recipients return to work. While disabilities likely constrain or limit a person’s ability to work, the program entitled “Your Ticket to Work” seeks to provide beneficiaries the services they need to return to work or earn more money.

This program is for adults between the ages of 18 and 64 who currently receive disability benefits. The goal of the program is to help recipients earn enough money so they can become financially independent. The Ticket to Work program is designed to help disability beneficiaries find a job, go through vocational rehabilitation or obtain other support needed. Those interested in the program should initiate the process by calling the helpline for the program. This step will provide a beneficiary with the necessary information, contact numbers, employment networks and answers to any questions.

Those taking part in the program might be concerned about how participation in the program could impact their disability benefits. The Social Security Administration conducts reviews of beneficiaries’ medical conditions in order to determine if they still qualify for disability benefits. If a recipient is no longer disabled, it is likely that the benefits will be stopped. However, if an individual is taking part in the program and making timely progress on a return to work plan, then a review will not be conducted on the medical condition.

Whether you decide to participate in this or any other program offered to SSD beneficiaries, it is important to understand the details of the program and how it could impact your eligibility to receive disability benefits. This will help protect your rights, finances and interests in the matter.

Proving that you were fired for filing for workers’ compensation

Proving that you were fired for filing for workers’ compensation

For many people who get hurt at work, filing for workers’ compensation can seem intimidating, if they have reason to believe the boss will fire them for doing so. Firing an employee in retaliation for seeking workers’ comp benefits is illegal in West Virginia, and is considered a form of workplace discrimination.

Still, often it is impossible to prevent this devious practice. Wrongly terminated workers may have to take legal action to get compensation.

A key case from the West Virginia Supreme Court sets out the process of proving wrongful termination under the state’s Workers’ Compensation Act. In the case, Powell v. Wyoming Cablevision, the plaintiff sued his former employer, accusing it of firing him after he hurt his foot on the job and filed for temporary total disability benefits.

In its ruling, the court laid out the framework for establishing a retaliatory firing claim strong enough to give the plaintiff his or her day in court. First, the plaintiff must show he or she sustained a workplace injury. Second, the plaintiff must file for workers’ compensation. Finally, the plaintiff must show that this filing was “a significant factor in the employer’s decision to discharge.”

If the plaintiff has enough evidence of these three factors to make a prima facie claim, the burden of proof shifts to the employer, which now must prove that it did not fire the plaintiff in retaliation for filing for workers’ comp. Instead, the employer must “prove a legitimate, nonpretextual and nonretaliatory reason” for firing the plaintiff.

Determining what your former employer’s management was thinking when they fired you can be difficult, but an experienced attorney knows where to look for evidence.