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I have recently applied for Disabled Child benefits through Social Security. They denied me the benefits.

Morgantown, WV |

They denied me because they are unable to prove I was disabled before age 22 due to the hospital where I was diagnosed destroying records before 1989.
However, I had recieved Disabled Child Benefits once before under my Step-Father's record. They are unable to find these records as well. These records would prove I was disabled before age 22.
I feel that the fact their own system shows I was on these benefits once before, should be proof enough of me being disabled before 1989, and should be enough for them to approve me.
If I fight this, is it possible for me to win the case?

Attorney Answers 3


Generally speaking, the burden is on the claimant to provide medical evidence of disability. Even if Social Security had some burden to maintain your records, an additional question would arise about your continuing to meet the medical criteria during the intervening years to show ongoing disability. I would need more facts from you to give a better answer about the odds of proving your claim. For example, have you worked between the time you turned age 22 and now? What is/are your disabling condition or conditions? How much treatment have you had for this condition or conditions?

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I am trying to apply and get approved for Disabled Child Benefits. I am already on SSI at the moment. My problem is I can't prove that I was Disabled before age 22 to qualify for the Disabled Child Benefits. The reason for this is the hospital where I was diagnosed as a teen has destroyed any records before 1989. Also I recieved Disabled Child Benefits once before on my Step-Father's record, so Social Security has it on record that I had recieved the benefits before. Now Social Security says they can not find those records either, but it shows on their system that I recieved the benefits once before. I hope this makes more sense and helps.


You need a lawyer and a hope of micro-fish

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I used to work with Hamstead Williams and Shook in Morgantown. They handle Social Security Disability cases. or 304-296-3636.

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