Social Security Disability Lawyer in Seattle, WA
When an unexpected injury strikes and results in a disability that prevents you from working, it can throw your life into chaos. Not only do you have to grapple with your condition, but you must also navigate the profound financial implications that come with it. This is where Social Security Disability benefits can be helpful. However, this process is often complicated and may require the aid of a skilled Seattle, WA Social Security Disability lawyer.
At Calbom & Schwab Law Group, PLLC, we work diligently to ensure you receive the support you need to get the benefits you deserve in a timely manner. When you work with our team, you reap the benefits of having more than 60 years of legal experience and knowledge on your side. You can depend on us to help you navigate the complexities of the disability application process and advocate for you to help you get a favorable outcome.
Understanding Social Security Disability Benefits
There is a growing number of disabled workers who require financial assistance to help offset the need caused by a severe medical condition. During the most recent data from the Social Security Administration, 629,871 individuals were awarded disability benefits, which was a 12.16% increase over the prior year. If you or a loved one finds yourself in this position, it is crucial to talk with Social Security Disability lawyers as soon as possible to discuss your options and learn about how to apply for benefits.
Before submitting an application, it is important to understand the foundations of Social Security Disability benefits and how they may apply to your situation. To qualify for benefits, you must have a disability that is severe enough to limit or prevent you from being able to maintain gainful employment. If this applies to you, Social Security Disability benefits allow you to receive financial help with your lost income and medical care.
SSDI Benefits and Employer-Provided Disability Insurance Coverage
Some employers provide employees with disability insurance as part of their compensation benefits package, or make provisions through workers’ compensation. This typically provides for short or long-term disability coverage. These policies may have their own requirements that must be met before receiving benefits. Depending on your condition and type of coverage, you may be able to receive this coverage along with your Social Security Disability benefits. However, these payments may affect your benefits.
How Eligibility is Determined When Applying for Social Security Disability Benefits in Seattle, WA
To receive disability benefits, you must first meet stringent eligibility standards. You will be required to provide evidence of your work history and age to qualify for compensation. Your disability and medical history will also be reviewed to verify that your condition is a long-term disability that qualifies for assistance. Below is a closer look at what factors are considered when determining if you are eligible for benefits.
Work test
Your work history is a significant factor in your eligibility for Social Security Disability benefits. To qualify, you must have worked long enough to have contributed to Social Security in order to draw from it when you are disabled. You receive a credit for every quarter you worked in a calendar year, and you need to have earned at least 20 credits within a 10-year period to be able to qualify for disability benefits.
Age test
Your age at the time you sustained a disability is also taken into consideration when applying for benefits. If you are under the age of 22 and have not been in the workforce as long, then you must have a minimum of 6 credits to be eligible for benefits. If you are older, your minimum time in the workplace will increase according to your age.
What is Considered a Qualifying Disability When Applying for SSDI Benefits
When determining your eligibility for disability benefits, your condition will be closely scrutinized to determine whether or not you have a qualifying disability. The Social Security Administration will typically look at whether or not your condition allows you to continue to work, do the same work you did prior to your condition, or do another type of work. They will also look at whether or not your condition is severe and is on the list of what is considered a disabling condition. Conditions that may be considered a qualifying disability include:
- Musculoskeletal conditions
- Vision and speech impairments
- Respiratory disorders
- Cardiovascular conditions
- Digestive conditions
- Genitourinary disorders
- Hematological disorders
- Skin conditions
- Endocrine disorders
- Congenital disorders
- Neurological conditions
- Mental disorders
- Malignant cancer
- Immune system disorders
Along with their list of qualifying impairments, the Social Security Administration also provides definitions of each type of condition and what evidence needs to be submitted in your application. You will also need to corroborate your disability claim with medical records, test results, and statements from medical professionals. Be sure to submit this information as evidence to avoid a claim denial.
Special Situation Qualifications
Special circumstances may allow you to be entitled to certain exceptions when meeting the requirements for Social Security Disability benefits. These allowances are typically provided when they might disqualify someone who has a real and qualifying disabling need. These situations may include blindness or severely limited vision, veteran or Wounded Warrior status, a surviving spouse with disabilities, or having children who are disabled. To determine if you qualify for this status, talk with your SSDI lawyer in Seattle, WA before applying.
Information and Documentation You Will Need When Applying for Disability Benefits
To avoid delays or denials in the processing of your application, it is important to know what information and documentation you will need to provide when seeking disability benefits. Taking the time to understand this from the beginning can ensure you have all applicable evidence gathered and ready to submit. The information you will need to apply for disability benefits includes:
- Birth date and birth certificate
- Social Security number
- Proof of citizenship
- Marital status
- Dependents
- Military discharge benefits if you served prior to 1968
- W-2 or tax returns
- Medical documentation
- A completed Adult Disability Report
- Proof of workers’ compensation benefits you may receive
- Application history
It is crucial to be as thorough as possible when submitting your information and documentation. This will help ensure a positive outcome and reduce the risk of a denial. If you are unsure about any of the documentation you must provide, SSDI lawyers can help you identify, review, and select the information you have available and what you may still need.
Benefits Provided by Social Security and Other Programs
If you are approved for disability coverage, you may begin collecting benefits. You will typically begin receiving benefit payments after a five-month waiting period. Your monthly payments will be based on the average of your lifetime earnings. You may also be able to claim up to 12 months of retroactive payments when you first begin collecting benefits, if applicable for your situation.
You may be able to receive other benefits to help with your condition and living expenses as well. Medicare and Medicaid are two common benefits that may be collected to help with your healthcare coverage. It is important to be aware that there may be a 24 month Medicare waiting period in certain situations. You may also be able to recover benefits from worker’s compensation coverage as well.
Social Security Disability Insurance (SSDI) vs. Social Security Income (SSI)
The primary difference between SSDI and SSI is the eligibility requirements that must be met to receive benefits. For SSDI benefits, you must meet work history requirements, while SSI benefits are based on your income. Additionally, the monthly allowance and when you can start receiving benefits vary between the two programs. SSDI benefits are based on average lifetime earnings, and you must wait 5 months before receiving benefits. Conversely, SSI benefits can be received after a month and are subject to benefit caps and your financial need.
Social Security Disability Benefits in Seattle, WA May be Denied for Many Reasons
Applications for Social Security Disability can be denied for several reasons. These denials are most frequently issued after the initial application. Confusing requirements and unclear steps are common factors that contribute to this occurring. However, it is not the only reason a claim can be denied. Other reasons may include:
- Disability is not considered severe
- Disability is short-term and is expected to improve in less than 12 months
- You are still capable of working
- Failure to follow medical care directives
- Insufficient evidence submitted during your claim
- Insufficient, inaccurate, or incomplete application
- Failure to meet deadlines
- Lack of financial need
- Lack of required credits
- Criminal history
If your claim has been denied, talk with a Social Security Disability attorney to understand the reason and what you may need to do to remedy or appeal the decision that was made. Your lawyer can also investigate the situation to make sure your denial was for a valid reason.
SSDI Attorneys Help You Navigate the Appeal Process in Seattle, WA
If you were denied Social Security Disability benefits, you have the right to question the decision made on your claim. If you choose to appeal, it is important to know that the process follows specific steps and adheres to strict time limits. You are allowed four different opportunities to appeal the decision for your claim. For each appeal, you are allowed 60 days in between to file your next appeal. The four steps in the appeal process include:
- Reconsideration: Request to have the application and initial decision reviewed by another party, most generally the Disability Determination Services office in Washington.
- Hearing: Request to have a reconsideration denial heard by an Administrative Law Judge who will review all evidence and decisions made up to this point.
- Hearing review: Request to have a hearing denial reviewed by the Appeals Council in a similar process to those before it. A hearing review may be granted or denied, and decisions could result in a new decision, another hearing by an administrative law judge, or another denial.
- Federal district court action: Request to have a hearing review denial heard in a federal district court. This is your last option to appeal decisions regarding your Social Security Disability benefits.
All requests for appeals must be submitted in writing and can be filed out online. This can help streamline the process and help you reach a resolution faster. It is recommended that you work closely with your lawyer to ensure there are no delays during the appeal process.
The Benefits of Having a Seattle, WA SSDI Attorney On Your Side
The process to secure benefits is often complicated, and Social Security Disability attorneys can provide valuable support right from the start. They help you save time by ensuring your application is filled out correctly, so your chances of a denial are reduced.
As your lawyer walks you through the application, they will also ensure you have sufficient documentation to submit along with your application. If your claim results in a denial for either a valid reason or unfair treatment, your lawyer can seek clarity on how this decision was reached and determine the best way to proceed in light of this new information.
Regardless of how your case goes, your lawyer will fiercely protect your rights and advocate for you so you do not have to struggle through this difficult time alone. They will help ensure you have the resources you need to manage your condition and daily life with confidence and peace of mind.
Calbom & Schwab Law Group, PLLC Helps You Navigate Social Security Disability Benefits
Calbom & Schwab Law Group, PLLC helps you navigate the complexities of Social Security Disability benefits. We can ensure you are treated fairly and work to streamline the process for you. Our team provides high-quality service and gives your case the time it deserves. We also answer your questions so you feel confident throughout the process. Contact us at our Seattle location today to schedule a free consultation with a member of our team.