By: Capital Injury Law
10 Questions Answered: Social Security Disability Benefits
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Applying for Social Security Disability (SSD) benefits can be a complex process, and it’s natural to have many questions along the way. At Talbot & Kesling and Capital Injury Law, we’ve helped countless clients in Washington State navigate their SSD claims, and we’ve noticed that certain questions come up frequently. We’ll address some of the most common questions we receive about Social Security Disability benefits in Washington State, providing you with clear, concise answers to help you better understand the process and how we can assist you.
1. What Are Social Security Disability Benefits?
Answer: Social Security Disability benefits are financial assistance programs provided by the Social Security Administration (SSA) for individuals who are unable to work due to a severe disability. There are two main types of Social Security Disability benefits: Social Security Disability Insurance (SSDI), which is based on your work history and contributions to Social Security, and Supplemental Security Income (SSI), which is need-based and for those with limited income and resources.
2. Who Is Eligible for SSD Benefits?
Answer: To be eligible for Social Security Disability benefits, you must meet several criteria:
- You must have a medically determinable physical or mental impairment that prevents you from performing any substantial gainful activity (SGA).
- The impairment must be expected to last at least 12 months or result in death.
- For SSDI, you must have sufficient work credits, which are earned through your work history and contributions to Social Security.
- For SSI, your income and resources must be below certain limits.
3. How Do I Apply for SSD Benefits in Washington State?
Answer: You can apply for SSD benefits online at the SSA’s website, by calling the SSA, or by visiting your local Social Security office. The application process involves providing detailed information about your medical condition, work history, and financial situation. Talbot & Kesling can assist you with the application process, ensuring that all necessary documentation is provided and that your application is as strong as possible.
4. What Happens if My SSD Claim Is Denied?
Answer: If your SSD claim is denied, you have the right to appeal the decision. The appeals process typically involves several stages, including a reconsideration, a hearing before an administrative law judge, and potentially further appeals to the SSA Appeals Council or federal court. It’s important to act quickly, as there are strict deadlines for filing appeals. Talbot & Kesling specialize in handling appeals and can help you navigate this process to increase your chances of a successful outcome.
5. How Long Does It Take to Get a Decision on My SSD Claim?
Answer: The time it takes to receive a decision on your SSD claim can vary. On average, it may take three to five months for an initial decision. If your claim is denied and you file an appeal, the process can take much longer—sometimes over a year. However, working with an experienced attorney can help expedite the process by ensuring that your application is complete and accurate from the start.
6. Can I Work While Receiving SSD Benefits?
Answer: Yes, you can work while receiving SSD benefits, but there are limits on how much you can earn. The SSA has established guidelines for what it considers “substantial gainful activity” (SGA). If you earn more than a certain amount per month, your benefits may be reduced or discontinued. The SSA also has work incentive programs, such as the Ticket to Work program, which allows you to explore returning to work without immediately losing your benefits. Talbot & Kesling can help you understand these rules and how they apply to your situation.
7. What Types of Medical Evidence Are Required for an SSD Claim?
Answer: Strong medical evidence is crucial for a successful SSD claim. This includes:
- Medical records that document your diagnosis, treatments, and the progression of your condition.
- Statements from your doctors detailing your limitations and how your condition affects your ability to work.
- Test results, imaging studies, and other objective medical findings that support your claim.
Talbot & Kesling can help you gather and organize this evidence to ensure that your claim is well-supported.
8. How Does Having an Attorney Help My SSD Claim?
Answer: Having an experienced attorney can significantly improve your chances of a successful SSD claim. An attorney can help you:
- Understand the SSD application process and what is required.
- Gather and present the necessary medical evidence.
- Meet deadlines and avoid common mistakes.
- Represent you in appeals if your claim is denied.
At Talbot & Kesling, we have a deep understanding of SSD laws and regulations in Washington State and are dedicated to helping our clients secure the benefits they need.
9. What Are the Fees for Hiring an SSD Attorney?
Answer: SSD attorneys typically work on a contingency fee basis, which means they only get paid if you win your case. The fee is usually a percentage of your back pay (the benefits you were owed from the time you became disabled until you were approved). The SSA limits the fee to 25% of your back pay, up to a maximum amount. At Talbot & Kesling, we discuss all fee arrangements upfront, so you know what to expect.
10. Can I Apply for SSD Benefits Online?
Answer: Yes, you can apply for SSD benefits online through the SSA’s website. The online application process is convenient, but it’s important to ensure that all information is accurate and complete. Talbot & Kesling can assist you with the online application process, helping you avoid common pitfalls and improve your chances of approval.
Navigating the SSD benefits process in Washington State can be challenging, but you don’t have to do it alone. Talbot & Kesling are here to answer your questions, guide you through the application process, and provide the legal support you need to secure the benefits you deserve. If you have more questions or need assistance with your SSD claim, don’t hesitate to contact us. We’re here to help every step of the way.