Washington Social Security Disability Legal Questions

I would always recommend hiring someone to assist.  Especially, if you've been denied several times in the past.  Either an advocate or an attorney will be able to streamline and make sure the process goes as smoothly as you need it to.     Scott F. Bocchio, Legal Rights Advocates P 855-254-7841... Read More

The most important question would be if you have been gainfully employed full time in the past 5 years.  If not, this could be an issue and you may no longer be eleigibel to apply for SSDI.  You would want to find out if you have enough work credits to apply again.  You can access www.SSA.GOV or find an attorney that can assist in the process.   Sincerely, Scott F. Bocchio, Esq President SSDI ATTORNEY Legal Rights Advocates P 855-254-7841       ... Read More

Worker's comp is for people who were injured on the job. Unemployment insurance is for people who were fired. Social Security Disability Insurance, getting your Social Security retirement benefits early, is for disabled people who have paid into the system for at least 10 years and apply within 5 years of the time they last worked. Supplemental Security Insurance is for disabled people who have not paid or not paid in enough years or not applied within 5 years of the time they last worked. From your description, it appears that you are too late to apply for worker's comp or unemployment insurance but may qualify for SSDI.  To qualify, you must be unable to do any job, not just your regular job.  You can apply online at www.ssa.gov.  Most people are denied and must ask for reconsideration (ask for an informal conference so that you can explain things).  Some must ask for redetermination, which involves a review by doctors not employed by Social Security.  A few must appeal further, to an Administrative Law Judge.  You only need an attorney for this last step.  Promptness, politeness and persistance are key.          ... Read More

The Social Security Administration (“SSA”) will not stop paying you benefits if you stop counseling. However, the SSA will occasionally review files to see if an individual’s condition has improved to a point such that he/she is no longer disabled under their rules. Lack of treatment may play into that determination. For more information, visit the frequently asked questions section on our Social Security Disability page.... Read More

Any time that you change addresses, you should update the Social Security Administration immediately. The best course of action for you to take is to contact your local Social Security office and explain the situation with your correspondence. They will likely reschedule your appointment if you had good cause for missing the original appointment. For more information, visit the frequently asked questions section on our SSD and SSI page... Read More

I applaud you for your goal and want you to achieve it. First, thoroughly review http://www.socialsecurity.gov/disabilityresearch/workincentives.htm  You must realize that cooperating with authorities is critical to your success in achieving your work goal. Working within the system can optimize not only working, but your receipt of benefits while working.  It is essential to report any work activity to SSA as required. Hang in there!  The process seems to grind against you, but you have to go with the flow.... Read More

If you have not changed your work habits and earnings, an appeal will yield the same result. The first level of inquiry is whether or not you are working at substantial gainful activity.  From the SSA website:  To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person's disability. The Social Security Act specifies a higher SGA amount for statutorily blind individuals; Federal regulations specify a lower SGA amount for non-blind individuals. Both SGA amounts generally change with changes in the national average wage index.  http://goo.gl/4zv5B    ... Read More

See if you qualify by CLICKING HERE.   Open the online review application form.   Answer the questions in full and the best you can.   Once completed, click to send the form back to me.   Your answers are kept in full confidence.  Once received by me, I will then review your answers and contact you regarding whether or not you may qualify for applying for social security disability benefits and how your application can be filed for you on line.... Read More

Richard you ask an interesting question.  From the way you phrase the question, it sounds as though your brother-in-law is already receiving disability payments, that is, the Social Security Administration (SSA), has found him disabled.  If that is so, he will be reviewed by SSA sometime in the future to determine if he is still disabled. Not being from your area, I will presume a physician prescription is required to obtain a "medical marijuana card."  If this is the case, and it is used within the terms of the prescription, it should not be a problem.  If there is "addiction" regarding the use of marijuana that changes things.     According to the regulations of SSA, "If we find that you are disabled and have medical evidence of your drug addiction or alcoholism, we must determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability, unless we find that you are eligible for benefits because of your age or blindness."  Note that the first determination is whether the person is disabled, then another decision must be made whether drug addiction is a "material factor" of the disability.  You can read the complete regulation if you click here.  If the limitations that would remain if the use of the drug (or alcohol) stopped would not be disabling, SSA will find the person not disabled.  If the limitations that would remain if the use of the drug (or alcohol) stopped would be disabling, SSA will find the person disabled.  This law regarding DA&A was created through an Act of Congress in 1996.  An Emergency Teletype with Questions and Answers about the changes appear at the following link, and are still useful today. I would recommend contacting a local attorney that is well versed in Social Security Disability law.  Click the house in the upper left "Find A Lawyer" if you need help finding a local attorney.   hope this answers your question, and good luck.      ... Read More