Experienced Social Security Disability Attorneys in Seattle

SSD and SSI Benefits Lawyer for Injured WA State Employees

Washington State Social Security Disability Attorneys Explain the Benefits Process

Unfortunately, there are many people in the United States who are simply unable to work, whether for an extended period of time lasting at least one year or whether permanently. For those who are too disabled to hold down gainful employment, the federal government has set up programs that provide disability benefits with which to live and retain dignity. These programs are managed and overseen by the Social Security Administration (“SSA”), and there are several steps involved with the procedure required to obtain benefits for those who need them.

Below you’ll find information that explains this process. You’ll find an overview of the two main programs offered by the Social Security Administration, known as SSDI and SSI, a brief explanation of the steps involved with obtaining benefits, options available to those who have been denied in their request for benefits and finally information regarding how you should proceed if you or someone you love needs help in obtaining these benefits from experienced WA social security disability lawyers in Seattle.

SSDI and SSI

In order to understand whether to engage in one disability application versus the other, or to instead apply under both disability benefit programs, a basic understanding of the two available options is necessary.  Social Security Disability Insurance is also known as SSDI while Supplemental Security Income is also known as SSI.  The most important similarity between these two disability benefit programs is that they utilize an identical standard for determining whether or not an individual is “disabled” under the Social Security Act.  The most fundamental difference is that SSDI benefits are available only to those who have earned “insured” status through long-term employment (or self-employment) while SSI benefits are available to anyone who is disabled but has insufficient means to care for their financial needs.  Thus, even if a person is not eligible for SSDI benefits, they may likely still be eligible for SSI benefits.  An experienced Social Security Disability lawyer can help determine which type of application, whether SSDI, SSI or “Concurrent” is most appropriate to a particular disabled individual.

How to Obtain SSDI or SSI Benefits

If someone is unable to hold down gainful employment due to severe physical or mental limitations, that person needs to begin the process of obtaining monthly benefit checks by completing an application. These Social Security Disability Insurance and Supplemental Security Income applications are available online or from the nearest Social Security Administration (“SS”) office.  A telephone application is also possible for either form of disability benefit by calling the Social Security Administration at 1-800-772-1213.  The information requested in the application will consist of names and contacts for current and past medical providers; dates of employment and names of past employers for the previous fifteen years; and descriptions of the disabling conditions and how they limit the applicant’s ability to perform routine work activities, past work, and activities of daily living.

Generally, the SSA will review an application and make its decision based on the medical records submitted with the initial application, or shortly after making the initial application.  If there is sufficient evidence to support the notion that the person is either temporarily disabled for a qualifying period of time (one year or greater) or permanently disabled for either SSDI or SSI benefits, then the SSA will grant the application and approve payment of monthly benefits directly to the applicant.

 Denied SSDI or SSI Benefits and Appeals

Unfortunately, estimates indicate that as many as 75 percent of initial applications are denied by the SSA. Denials occur for a variety of technical reasons which an experienced Social Security Disability lawyer can likely help an applicant avoid.  At base, however, denials happen for only one reason:  the applicant has failed to carry their burdens of proof and persuasion, usually due to a technicality or lack of precision within the available medical evidence.  In addition, many people are denied because they simply have insufficient medical evidence over an extended period of time.  Thus, the medical evidence they do have may show a disability, but an applicant must also prove that the duration of that disability meets the Social Security Act’s standards.

Regardless of why a denial occurs, applicants have recourse. Those who are denied either SSDI or SSI benefits have up to 60 days to either Request Reconsideration or Appeal the denial decision to an Administrative Law Judge, or “ALJ.”  Whether it is proper to Request Reconsideration versus whether one must instead enter directly into the appeal phase of a disability application depends upon where the claimant lives, since the Social Security Administration maintains different application and appeal processes in different geographical locations (in order to continually test what will work best on a national basis).  In addition, the Social Security Administration does not automatically provide with a Notice of Denial the proper forms necessary to complete either a Request for Review or Appeal.  For these reasons, an experienced Social Security Disability lawyer should be contacted immediately once a denial has been issued.

How Washington Social Security Disability Lawyers Can Help

Dealing with an enormous federal agency takes time and requires the patience to work through miles of red tape. In addition, applying for SSDI or SSI benefits involves many technicalities and the presentation of evidence in a persuasive manner.  Requests for Reconsideration and Appeals take even greater precision and care.  Therefore, those who need disability benefits pursuant to the Social Security Act are best advised to seek the assistance of Washington state Social Security Disability Lawyers as early in the process as possible.  The disability lawyer will help to manage the initial application process so that every early opportunity for success is taken; and then if the SSA still denies the initial application, the lawyer will immediately begin to put forth a persuasive Request for Reconsideration or Appeal.

How Phillips Law Firm’s Social Security Disability Lawyers Can Help

Lawyers who practice Social Security Disability do so either based on a fee contract or fee petition formula, both of which are regulated by federal statute.  While it is possible under this federal statute to charge an hourly retainer for services performed, at Phillips Law Firm, PLLC, we know that most disabled individuals have little spare money to pay toward legal representation.  For this reason, we offer our services on a contingency basis, meaning that we only get paid an attorney fee if you win your case.  We do not get paid if we are unsuccessful obtaining back-due benefits in addition to whatever future benefits may also be awarded.  In fact, we never get paid any attorney fee out of future benefits.  Meanwhile, we can assist disabled individuals to effectively gather medical, vocational and educational evidence necessary for a successful application, and our many years of aggregated experience means that we can give disability applicants the best possible chance of winning their rightful disability benefits.   For more information, please contact the Seattle Social Security Disability Attorneys at Phillips Law Firm today to schedule a free initial consultation.