Social Security Disability Lawyer Washington
Disabilities can disrupt your life in many ways, including your ability to work and earn a living. Without assistance, you could find yourself in a difficult financial situation that puts significant strain on you, your life, and your family. If you are overwhelmed or struggling to secure the benefits you need, a Washington social security disability lawyer can guide you through the process.
At Calbom & Schwab Law Group, PLLC, we are committed to protecting your right to financial assistance and security when you are unable to work because of a disability. Our team helps you navigate the complexities of Social Security so you will have peace of mind during this difficult time. With a legal team on your side, you can ensure that all requirements are met, the paperwork is filled out correctly, and that you will have exceptional service throughout the process.
Video: Applying for SSD and SSI
Social Security Disability Benefits by the Numbers
According to the Social Security Administration’s (SSA) most recent annual statistical report, more than 8.7 million individuals received disability benefits, and approximately one in eight individuals received Supplemental Security Income (SSI) benefits as well. The report also highlighted that workers were the primary demographic seeking benefits, and more than a third of disabilities were due to musculoskeletal and connective tissue diseases. The most common age of individuals applying for disability benefits was 56.
These numbers shed light on the need for assistive benefits for disabilities in the U.S. They also highlight the frequency with which disabilities occur that keep individuals from being able to earn an income. As such, Social Security Disability (SSD) benefits can help compensate for losses of income.
The Purpose of Social Security Disability Benefits
The purpose of Social Security Disability benefits is designed to provide assistance to individuals who have become disabled and cannot work for at least a year or more. Those who have been diagnosed with a terminal illness may also be able to apply for Social Security disability benefits. These benefits are primarily for those who are facing long-term disabilities.
In order to receive benefits, it’s important to understand the basics of Social Security Disability. Per the Social Security Administration, your age and duration in the workforce will be evaluated to see if you meet the minimum requirements to receive benefits. The onset of your condition, test results, required treatments, and the impact the disability has had on your life will also be evaluated when determining if you are qualified for these benefits. Those who process your application will also look at whether or not you are working, the severity of your condition, your ability to do the same work you were doing previously, and whether or not you could do another type of work.
Eligibility Requirements for Social Security Disability Benefits
To be eligible for Social Security Disability benefits, you must first have worked for a certain period of time before you became disabled. To be “insured” for Social Security benefits, you must have accrued credits while you were able to work. In general, you earn a credit for every quarter you work in a year. As such, you can receive the 20 credits you need to be eligible for disability benefits within 5 years of work. If a disability occurs within an individual’s first few years of work, they may be allowed to seek disability benefits with fewer number of credits.
It is important to note that a consistent work history can positively impact your insured coverage and help your ability to pursue Social Security Disability benefits. A disability must also have occurred during a period when you were insured for benefits. In the event that you are not eligible under these requirements, you may be able to apply for Social Security Supplemental Insurance benefits instead. To determine your eligibility and options, talk with an SSD lawyer to determine how to proceed.
What Documentation You Will Need When Applying for Social Security Disability in Washington
To prevent delays or denials in your claim for Social Security Disability benefits, it is important to gather all the appropriate evidence that you need ahead of time and ensure it is accessible while you are completing your application. Applications may take more than 6 months to process, so the more information you can provide in your application, the faster you can receive benefits. When filing for disability benefits, provide as much of the following information as possible.
- Contact information of healthcare providers who were involved in identifying or treating your condition, and the dates of all appointments and treatments
- Medication information
- Test results and other applicable medical records
- Information about your previous work and a recent W-2 or tax return
This information will be used to verify your condition, gather additional information, and allow open communication between the Social Security Administration and your employer, medical professionals, and other relevant parties.
Fast-tracking Your Application for Disability Benefits
While some conditions must be processed to fully verify that they meet the definition of a disability and qualify for benefits, other conditions undeniably meet the requirements. If you are suffering from this type of disability, your application may be eligible for the fast-track process. Depending on our situation, you may be able to speed up the process through either Quick Disability Determinations or Compassionate Allowances.
Social Security Disability and Other Benefits
Social Security Disability benefits help you meet a variety of needs that are applicable to your situation. If you are approved to receive benefits, you will receive a monthly allowance to help provide financial assistance in lieu of lost income. Along with your disability payments, you may also be able to recover other benefits as well. These can include:
- Supplemental Security Income
- Medicare and Medicaid
- Food and energy assistance
- Benefits from private disability insurance policies or workers’ compensation
- Tax credits
Receiving these benefits along with your disability benefits can help ensure that you have the security and resources you need to alleviate your financial burden and receive medical care for your condition.
Recovering Disability Benefits Retroactively
In certain circumstances, you may be able to receive Social Security Disability benefits retroactively. When applicable, these types of payments may be issued upon first issuance of your benefits or after winning an appeal. When requesting retroactive social security disability payments, there are a couple of factors that apply. First, you must estimate the onset of your disability to the best of your ability to determine how far back it started. You may also have to undergo a five-month waiting period to ensure your disability is not a short-term condition. Finally, if you have suffered for a while before you applied for benefits, then you may be able to collect up to 12 months of retroactive payments.
Reasons Why Social Security Disability Claims May Be Denied
There are many requirements to meet when filing for Social Security Disability benefits. Failing to meet any of these could result in a denied claim. Some common reasons that a benefit claim may be denied could include:
- Insufficient work credits
- Insufficient medical records or other documentation
- Incomplete or incorrect application information
- Earning more income than what is allowed
- Short-term condition or do not have a disability
- Lack of cooperation
- Failing to receive proper treatment
- Previous denials for benefits
- Criminal history
If you are denied for any of these reasons, you may take further action to try to secure benefits. In some instances, you may also need to reapply. Depending on the reason and number of denials you have received, you can hire Social Security disability attorneys to help you determine how to proceed and file an appeal. They can also help if you have been unfairly denied as well.
Options for Appealing a Denied Claim for Social Security Disability Benefits
If you proceed with appealing a decision by the Social Security Administration, then you will need to meet certain requirements. SSD lawyers can help you navigate the process and advocate for you to help ensure you can secure the benefits you are requesting. Depending on the progress of your appeal, you are provided with four ways to have the decision overturned. Below is a closer look at each one.
Reconsideration
Reconsideration is the first option available to you after receiving a denial for benefits. A reconsideration request must be submitted within 60 days of when the denial was issued. Reconsiderations are filed with the state of Washington and are reviewed by a Disability Determination Services examiner. You may also request a reconsideration of non-disability claims.
Hearing
If you continue receiving denials after pursuing decision reconsiderations, you may request a hearing with an administrative law judge. A Social Security disability attorney can help you take the appropriate steps and prepare for your hearing, where they will speak on your behalf. A hearing must be requested within 60 days of your reconsideration decision for either disability or non-disability claims.
Hearing Review
If you still receive a denial after your claim has been evaluated and heard by a judge, the next step is to request a review of the hearing decision. This step is handled by the Appeals Council, and they will review the judge’s decision and either issue a denial, approve your claim, or submit it for further review by a judge. Like the other steps in the process, a review request must be filed within 60 days.
Federal District Court Action
This is the last step available to you if the Appeals Council issues you another denial. Filing a federal district court review gives you the opportunity to file a civil suit to have your case heard at the federal level. This action must be taken within 60 days of the hearing review decision.
Social Security Disability Insurance and Taxes
In general, you likely will not have to pay taxes on Social Security Disability Insurance income. However, there are some instances where your benefits will be taxed. If you receive income from another source, such as dividends or income from a spouse, a tax threshold may apply to your benefits.
If the combined total of half of your disability benefits and any other income sources exceeds the IRS thresholds, you must pay tax on the income you have received from Social Security. There are different thresholds, whether you are filing as single/head of household, married and filing jointly, or married but filing separately. These thresholds are adjusted frequently, so it is recommended to talk with a Washington SSD attorney or accountant for the most current year’s threshold values.
How SSD Attorneys Can Help You With Social Security Disability Insurance Claims in Washington
When you are being treated unfairly, struggling to get your Social Security Disability Insurance, and are overwhelmed by all the requirements, Social Security disability lawyers in Washington can advocate for you. They can help simplify and streamline the process to make it more manageable, while providing you with counsel that is personalized to your situation. They will help you complete the necessary paperwork, ensure you have the proper documentation and evidence of your disability, and help you keep track of key deadlines.
Your lawyer is also committed to protecting your rights and helping to take the stress out of securing your benefits. Sadly, like most other types of insurance requests, it can be challenging at times to recover the benefits you are seeking. Insurance companies are often resistant to paying and find reasons to deny claims. These denials may not always be warranted, and a skilled lawyer can negotiate and help ensure you are paid what you are entitled to receive.
Contact Calbom & Schwab, PLLC for Assistance With Your Social Security Disability Claim
Calbom & Schwab Law Group, PLLC helps ensure that you receive the Social Security disability benefits you deserve. We go before you and handle your claim on your behalf and simplify the process. Our team understands that every individual’s situation is different, and we tailor our actions according to your specific needs. To learn more about your options and get your questions answered by an attorney, contact us to schedule a free consultation today.