Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The Disability Insurance Benefits Program And Low Income Claimants In Appalachia, James B. Haviland, Michael B. Glomb
The Disability Insurance Benefits Program And Low Income Claimants In Appalachia, James B. Haviland, Michael B. Glomb
West Virginia Law Review
This article discusses the difficulty substantial numbers of low income West Virginians encounter in establishing their eligibility for Disability Insurance Benefits under section 233 (d) of the Social Security Act. These persons are characteristically middle-aged, unskilled workers who lose their employment as the result of a mental or physical condition of a non-traumatic, chronic origin. Because of their medical condition, combined with their advancing age and lack of skills, these persons are "disabled", yet they are denied Disability Insurance Benefits. An analysis of twenty-six "difficult" claims denied on the first filing, but refiled, reveals a pattern of unjustified denials in …