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The Definition of a Disability

Many people do not realize that the Social Security Administration (SSA) does not recognize partial disabilities. In order to receive Social Security Disability Insurance benefits or Supplemental Security Income benefits, you must be considered totally disabled from working.

At VanNostrand & Morton, PLLC, we have helped thousands of West Virginia clients to understand how the SSA defines a disability and to pursue the benefits they need. We can help you too.

Common Disabling Conditions

The SSA does not award benefits based on which condition you have, but rather on how severely it impacts your ability to work. Some common conditions that may prevent someone from working include:

  • Arthritis
  • Back injury
  • Bipolar disorder
  • Brain injuries
  • Carpal tunnel syndrome
  • Chronic fatigue syndrome
  • Chronic pain disorders
  • Depression
  • Developmental disorders
  • Diabetes
  • Fibromyalgia
  • Herniated discs
  • Mental illness
  • Mood disorders
  • Multiple sclerosis
  • Spinal cord injury

The Statutory Definition of a Disability

Section 223(d) of the Social Security Act lists the definition of a disability as follows:

"The inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. An individual shall be determined to be under a disability only if his/her physical or mental impairment or impairments are of such severity that he/she is not only unable to do his/her previous work but cannot, considering his/her age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy."

In other words, your condition must prevent you from doing any kind of work at all for which your education and experience qualify you. Plus, your condition must be expected to last at least a year or end in death.

Your disability status can also vary with your age. If you are over 55, the disability standards become much less stringent.

Talk to a West Virginia Disability Benefit Claim Attorney

If you have questions about Social Security Disability benefits, arrange a free initial consultation with one of our lawyers. Call VanNostrand & Morton, PLLC, 304-847-2773 or toll free at 866-576-7153, or contact us online. We charge no money up front, and we only get paid if you do.

Practice Areas Office Information

Local: 304-847-2773
800 Number: 866-576-7153
Fax Number: 304-847-2729

604 Point Mountain Road
P.O. Box 247
Webster Springs, WV 26288
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2252 Sutton Lane
Sutton, WV 26601
Exit 67 Off I-79
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VanNostrand & Morton, PLLC, serves clients in Morgantown, Buckhannon, Flatwoods, Summersville, Parkersburg, Fairmont, Beckley and Charleston and throughout Raleigh County, Clay County, Monongalia County, Preston County, Marion County, Harrison County, Roane County, Gilmer County, Jackson County, Webster County, Nicholas County and Braxton County in West Virginia. 

 

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