Burke Schultz Harman & Jenkinson

Burke Schultz Harman & Jenkinson

West Virginia Personal Injury, Social Security and Medical Malpractice Lawyers

Firm Overview


Since 1980, the lawyers at Burke, Schultz, Harman & Jenkinson have been providing legal services to the people of Martinsburg and the eastern panhandle of West Virginia in the areas of personal injury and wrongful death, medical malpractice, nursing home abuse, and social security disability. With over 100 years of combined experience, our attorneys know what it takes to get you the compensation you need and deserve when you are injured because of another's negligence or wrongful conduct. We are as tough as we need to be to get the job done, but always practice with the goal of providing the highest quality in professional and personalized legal representation to our clients.


At Burke, Schultz, Harman & Jenkinson, we strive to meet the needs of our clients and deliver excellent customer service at all times. We are available to meet at your convenience, including evenings and weekends by appointment. If your injuries prevent you from traveling to our Martinsburg office, we can arrange to come to you. We offer a free initial consultation where we take the time to sit down with you and learn the facts and details regarding your claim.

We also take cases on a contingency fee basis, meaning that there is no fee unless we recover on your behalf. Our comprehensive personal injury practice includes all of the following practice areas:

Car Accidents
Truck Accidents
Motorcycle Accidents
Serious Injuries
Social Security Disability
Medical Malpractice
Wrongful Death
Nursing Home Abuse & Neglect


Our firm practices throughout Morgan, Berkeley and Jefferson counties, including the communities of Martinsburg, Charles Town, Inwood, Berkeley Springs, Shepherdstown and Hedgesville. We also have attorneys licensed in Maryland and proudly serve the Hagerstown area. If you have been injured or become disabled from working and need professional legal help to get the compensation you are entitled to, contact Burke, Schultz, Harman & Jenkinson to visit with one of our attorneys. We look forward to serving you.
Main Office

Main Office
P.O. Box 1938
85 Aikens Center
Martinsburg  WV  25402

  • 304-263-0900
Social Security Disability Attorney Serving West Virginia and Hagerstown Area ALSO SERVING SPRINGFIELD & CHARLES TOWN, WV
The Social Security Disability attorneys at Burke, Schultz, Harman & Jenkinson are devoted to helping disabled claimants recover the benefits they deserve. We have helped numerous clients through the Social Security Disability claims and appeals process, vastly improving their chances of obtaining relief. Our firm provides caring and compassionate representation to disabled employees throughout West Virginia.

Social Security Disability Income (SSDI) provides cash benefits to individuals who can no longer maintain employment due to a disability or impairment. While many people believe they are entitled to SSDI because they are disabled, this is not always the case. The Social Security Administration (SSA) looks at a variety of factors to determine whether the applicant is eligible for benefits. At its most basic level, the Social Security Act requires that claimants have a medical condition that prevents them from working for one year or more. The condition must "qualify" as a recognized disability or impairment that effectively bars gainful employment.

Whether applicants are entitled to SSDI depends upon the extent to which their disability affects their ability to obtain and maintain gainful employment. The applicant bears the burden of proof to show eligibility. This usually requires detailed medical records that demonstrate continuing care for a chronic or terminal condition that precludes the patient's ability to work. The disability must be well documented through hospital records, medical history, and evidence showing how it makes work impossible. Some conditions are "serious" and require consistent treatment, yet do not qualify as an impairment meriting SSDI. Other factors affecting eligibility include:

Current job and compensation
Duration of medical condition
Severity of disability or condition
Ability to do work-related activities
Possibility of doing same or similar work
Results of medical tests, treatment received
Whether condition "significantly limits" ability to work
Whether disability is on SSA's list of qualifying impairments
Claimants with a qualifying disability must also meet the "earnings requirement" to be eligible for SSDI. The earnings requirement is composed of two tests. The "recent work" test is based on your age at the time you became disabled. For example, if you became disabled at the age of 30, you would generally need two years of recent work out of the six-year period ending with disability. The "duration of work" test determines whether you have worked long enough to qualify for SSDI. The applicant must have at least 20 work "credits" or paid Social Security taxes for five of the last ten years to be eligible. Disabled applicants who meet the earnings requirement are entitled to monthly cash benefits based on their average lifetime earnings.

In Martinsburg, Charles Town, Inwood, Berkeley Springs, Shepherdstown, Hedgesville, and other cities in West Virginia, the process to obtain SSDI can be complex. Applicants with legitimate disabilities are often denied assistance because they fail to obtain detailed medical records or present a sufficiently persuasive case, and the SSA often issues denials based on the overwhelming number of claims and appeals filed each day. Those who are improperly denied benefits have a limited time to file an appeal and supplement their application with supporting evidence. A qualified Social Security Disability attorney is instrumental in guiding you through the SSDI process.

If your disability prevents you from working or your SSDI claim was denied, the experienced Social Security Disability lawyers at Burke, Schultz, Harman & Jenkinson can help. For over 25 years, we have successfully handled many types of SSDI cases, ensuring that disabled workers receive the benefits they deserve. Our firm is dedicated to helping you achieve the best outcome possible in your claim or appeal. Whether this requires ordering medical records or presenting a doctor's testimony, we have the resources to help you prevail. At Burke, Schultz, Harman & Jenkinson, we know that having to stop work because of a disability is frightening. We can help you recover the compensation you deserve. Call 304-263-0900 or 800-903-0901 for a free consultation or contact us online.
Personal Injury
Auto Accident
Wrongful Death

D. Michael Burke

D. Michael Burke is a Martinsburg trial attorney and the founding partner of Burke, Schultz, Harman & Jenkinson. He has been serving people injured due to the negligence of others in the Eastern Panhandle of West Virginia for 37 years, making those responsible for injuring others accept that responsibility. Mr. Burke represents those hurt and the families of people killed in all types of automobile collisions, trucking accidents, and motorcycle wrecks, as well as other cases resulting in wrongful death and injury, including medical malpractice, and dog bites, forcing those at fault and their insurance companies to pay.

A native of West Virginia, Mr. Burke attended West Virginia University and was awarded a Bachelor of Arts degree in Biology in 1976, and received his law degree (J.D.) in 1979. While at WVU, he was elected Vice President of the Student Body(1975-76); in law school, he was President of the Student Trial Lawyers Association (STLA) and was a member of Phi Delta Phi legal fraternity. Committed to seeking justice for his clients and recovering fair compensation for their injuries and losses, Mr. Burke has spent his entire legal career representing people against corporations and insurance companies, making sure that those responsible for causing injuries and deaths accept that responsibility and pay what is fair to those who were injured.

In his 37 years of practice, Michael Burke has tried dozens of cases to verdict, and has recovered tens of millions of dollars for his clients. In addition, Mr. Burke has been involved in over 20 appellate cases, arguing cases before the West Virginia Supreme Court of Appeals over 50 times, resulting in 22 printed opinions.

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