Social Security Disability

Your Champions in Social Security Disability Claims

Brothers Henderson Durkin, P.S., stands at the forefront of advocacy for clients seeking Social Security Disability Benefits. With a deep-rooted commitment of over 40 years, we are one of Washington state’s premier disability law firms. Our dedication to delivering outstanding service is present in every case, forming positive relationships with each client, and achieving real results. We are devoted to offering sympathetic and experienced support to those navigating the difficulties of disability claims.


The areas we can assist with include:


  • Social Security Disability Insurance (SSDI)
  • Supplemental Security Income (SSI)
  • Disability case consultation
  • Denied SSDI claims
  • SSI appeals process
  • Disability appeal processes
  • New application assistance
  • Medical-vocational guidelines
  • Applying for SSDI with a mental health condition
  • Overpayment issues
  • Representation at hearings
  • Cessation of disability benefits appeal

Why Is Social Security Disability Advocacy Crucial?


Every person facing mental or physical health challenges deserves the security and support of disability benefits. It is especially important for those who find themselves unable to work due to long-term disabilities or sudden health changes. Social Security Disability advocacy not only assists in helping you get the benefits you deserve but also protects against any possible unfair denials or delays. Unsure if you meet the Social Security Disability income qualifications? Are you worried that you may be over the SSI income limits? We can review your finances and determine whether you qualify,


The Social Security Disability review process can for many claimants be overwhelming and long. In some cases, claimants may receive unfair decisions, or there may be attempts by Social Security to undermine the legality of their claims. Having an experienced advocate by your side ensures your rights are defended and that you have a better chance of winning the Social Security Disability Benefits you are entitled to.


Consult With a Knowledgeable Advocate Today About Disability Benefits Eligibility

Schedule an initial consultation to discuss your options. Please complete our Contact / Consultation Request Form, email us at SocialSecurity@bhdlaw.com or call 206-324-4300. Our team is ready to assist you. 

Social Security Disability FAQ

  • What is Social Security Disability Insurance (SSDI)?

    Social Security Disability Insurance is a federal program that provides monthly financial assistance to individuals unable to work due to a long-term disability. It is funded through FICA payroll taxes; therefore, it is available only to those who have worked and paid into the system.

  • What are the eligibility requirements for SSDI?

    To qualify for Social Security Disability Insurance, you must meet two main criteria:


    • Work Credits: Generally, you need 40 credits (20 earned in the last 10 years). Requirements may be lower for younger workers.
    • Medical Criteria: You must have a medically determinable physical or mental impairment that prevents "Substantial Gainful Activity" (SGA) and is expected to last at least 12 months or result in death.

  • Are SSDI and SSI the same thing?

    While they are both programs run by the Social Security Administration (SSA) to help people with disabilities, SSDI and SSI are not the same.



    Think of SSDI as an "insurance policy" you paid for while working, and SSI as a "safety net" for people with very limited income and resources.

  • Can you get both SSDI and SSI?

    Yes. This is called "Concurrent Benefits." If your SSDI monthly payment is very low because you didn't earn much while working, you may be eligible for a small SSI payment to "bridge the gap" and bring your total monthly income up to a certain level.

  • How do I apply for Social Security Disability benefits?

    You can apply online, by phone, or in person at a Social Security Administration (SSA) office. The application requires extensive details regarding your medical history, treatments, and past work experience. Gathering all necessary documentation beforehand can streamline the process.


    Once your application is submitted, the SSA will review your claim to ensure it meets the basic eligibility criteria. It is then forwarded to the Disability Determination Services (DDS) in your state, where further evaluation occurs. The DDS will assess your medical records and may request additional examinations to determine the extent of your disability.

  • What happens after I apply?

    Once you've submitted your application, the Social Security Administration will review your case to determine if you qualify for benefits. This process can take several months, so patience is key. If your application is approved, you will begin receiving monthly benefits. If denied, you have the right to appeal the decision.

  • What happens if my initial application for Social Security Disability Benefits is denied?

    Denials are common, but you have the right to appeal through several stages:



    1. Reconsideration: A complete review by a new examiner.
    2. ALJ Hearing: A formal hearing before an Administrative Law Judge. This is often the stage where legal representation is most critical.
    3. Appeals Council: A review to determine if the judge made a legal error.
    4. Federal Court: A lawsuit filed in U.S. District Court if all SSA appeals are exhausted.

  • What documentation is required to appeal a denial?

    Success depends on robust medical evidence, including clinical records, diagnostic test results (MRIs, X-rays), treatment history, and formal statements from your healthcare providers.

  • How can an advocate help my Social Security Disability Insurance case?

    Our firm manages the heavy lifting by:


    • Making legal arguments for you that are tailored to the specific facts of your case. 
    • Organizing and submitting comprehensive medical evidence.
    • Working with your doctors to obtain supportive expert opinions.
    • Representing you at hearings to cross-examine vocational or medical experts.
    • Navigating the complex legal deadlines of the appeals process.

  • What is the difference between a social security attorney and an EDPNA advocate?

    An EDPNA (Eligible for Direct Payment Non-Attorney) is a specially qualified, non-lawyer advocate authorized by the Social Security Administration (SSA) to represent disability claimants and receive payment for their services directly from the SSA, usually from the claimant's backpay, after meeting strict SSA requirements like exams, education, and background checks. They help with disability claims, appeals, and gathering records, ensuring claimants have expert help without needing a traditional lawyer, notes the Social Security Administration (.gov). 



    Key Characteristics & Requirements



    • Representation: EDPNAs handle SSA disability/SSI cases, from initial applications to appeals.
    • Direct Payment: They get paid directly by SSA from the claimant's past-due benefits, saving the claimant the hassle of paying them manually.
    • Rigorous Qualifications: Must pass a tough SSA exam, have a relevant degree or equivalent experience, pass background checks, and complete continuing education.
    • Ethical Standards: Adhere to strict ethical rules and professional conduct.
    • Insurance: Maintain professional liability insurance. 


    What They Do


    • Prepare clients for hearings.
    • Assist with appeal documents.
    • Help obtain necessary medical records. 


    Why They Matter


    EDPNAs provide an affordable way for people to get expert help with complex disability claims, offering specialized support in a system where legal representation can be costly. 

  • What conditions qualify for SSDI?

    The Social Security Administration covers a wide range of impairments, including:


    • Musculoskeletal: Degenerative disc disease, severe arthritis.
    • Neurological: MS, epilepsy, Parkinson’s disease.
    • Mental Health: Bipolar disorder, PTSD, schizophrenia, severe depression.
    • Other: Cancer, cardiovascular disease, and chronic respiratory disorders.

  • What is the best way to improve my chances of success?

    Start your application as soon as you become disabled, maintain consistent medical treatment, and ensure every limitation is documented by a professional. Most importantly, seek legal counsel early to avoid common filing errors.

Social Security News and Resources

Preparing for Your Consultation with a Social Security Disability Law Firm: A Checklist

January 8, 2026
Preparing for a Social Security Disability consultation? Use this SSA-focused checklist from Brothers Henderson Durkin to organize medical, work, and financial records.

Are you eligible for the Social Security Compassionate Allowances program?

January 8, 2025
Understanding if you qualify for the Social Security Compassionate Allowances (CAL) program can provide important help during tough times. This program speeds up the processing of Social Security Disability Insurance and Supplemental Security Income claims for people with serious disabilities. What is the Compassionate Allowances program? The CAL program identifies medical conditions that often require long-term care and make it difficult for individuals to work or care for themselves. The Social Security Administration can quickly recognize these qualifying cases and process SSDI and SSI benefits faster than the standard application process. This ensures that people who need support receive their financial assistance much sooner and without long delays. What conditions qualify for Compassionate Allowance? To qualify for CAL, you must have one of the Compassionate Allowances conditions . This includes certain types of cancer, neurological disorders, adult brain disorders, rare conditions, and other life-threatening illnesses. The Social Security Administration updates the list of conditions regularly based on new medical information that becomes available. If your condition is on this list, you might qualify for benefits faster. How do you apply to the CAL program? To apply for CAL, you need to submit a disability claim to the SSA. The process is similar to regular SSDI or SSI applications, but having a qualifying condition can make the review much faster. It is important to provide detailed medical documents to support your claim. This includes complete medical records, test results, and statements from your doctors. Get support sooner If you believe you might qualify for the CAL program, don’t wait to ask for help. Getting the support you need can help you focus on your health and well-being during this tough time. Remember, you are not alone, and there are people ready to help you every step of the way.

What to do if SSDI denies your claim

October 28, 2024
Receiving a denial letter for your Social Security Disability Insurance (SSDI) claim can be discouraging. However, a denial doesn’t mean the end of the road. There are several steps you can take to appeal the decision and improve your chances of getting the benefits you need. Understand the reason for denial First, read the denial letter carefully to understand why the SSA denied your claim. Common reasons include insufficient medical evidence, failure to follow prescribed treatment, or earning too much income. Knowing the specific reason helps you address the issues in your appeal. File a request for reconsideration You have 60 days from the date you receive the denial letter to request a reconsideration . During this stage, a new examiner reviews your claim. Make sure to submit any new medical records or additional evidence that supports your case. Gather additional medical evidence Collect updated medical records, doctor’s notes, and test results that prove your disability . Ask your healthcare providers to write detailed statements about your condition and how it affects your ability to work. Strong medical evidence is crucial for a successful appeal. Keep detailed records Maintain a journal of your symptoms, treatments, and how your condition impacts daily activities. This information can help illustrate the severity of your disability. Also, keep copies of all correspondence with the Social Security Administration (SSA). Prepare for a hearing with an administrative law judge If the SSA denies your reconsideration, you can request a hearing before an administrative law judge. This is your chance to present your case in person. Practice answering potential questions and consider bringing witnesses who can testify about your condition. Stay persistent and patient The appeals process can be lengthy and may require multiple steps. Stay focused and respond promptly to any requests from the SSA. Keep attending medical appointments and follow your treatment plan. Explore other assistance programs While awaiting a decision, look into other resources that can provide financial or medical assistance. Programs like Supplemental Security Income (SSI), Medicaid, or local community services might offer temporary support. Being denied SSDI benefits can feel overwhelming, but remember that the SSA does not approve many initial claims. By understanding the steps to take, you can improve your chances on appeal. Remember to not give up. Persistence can pay off in securing the benefits you need.

Will a special needs trust affect SSI?

September 9, 2024
For families with a loved one who has a disability, understanding how a special needs trust affects Supplemental Security Income (SSI) is necessary. SSI provides essential financial support, and ensuring that other assets do not interfere with it is a top priority. Understanding special needs trusts A s pecial needs trust is a legal arrangement that holds assets for a person with a disability without jeopardizing their eligibility for public benefits like SSI. The trust can pay for a variety of expenses that enhance the individual’s quality of life, such as: Medical care Education Personal items Travel and entertainment Properly setting up a special needs trust ensures that it does not affect the beneficiary’s SSI benefits. Choosing the right type of special needs trust, whether a first-party or third-party trust, is important, as each has different rules and implications for SSI. Protecting SSI benefits SSI is a means-tested program, meaning eligibility depends on the individual’s income and resources. By placing assets in a special needs trust, you can protect these resources from getting counted toward the SSI resource limit. This protection ensures that your loved one can maintain their SSI disability-related benefits while still enjoying a higher quality of life. It is important to ensure that you set up an irrevocable trust, as revocable trusts may still count as resources, potentially affecting SSI eligibility. Ensuring long-term security Establishing a special needs trust is a crucial step in securing your loved one’s financial future. By thoughtfully managing assets, families can prevent complications that might otherwise lead to financial hardship, ensuring that their loved one has support and care in the years ahead.

How many years do Social Security disability benefits last?

August 30, 2024
If you’re relying on Social Security Disability Insurance (SSDI), you might wonder how long these benefits will last. Understanding the duration of SSDI is crucial to managing your long-term financial security. Initial qualification and review process Once you qualify for SSDI, you will receive benefits as long as your medical condition prevents you from working. The Social Security Administration (SSA) will review your case periodically to assess your condition, and the frequency depends on: Medical Improvement Expected (MIE): You’ll get a review every six to 18 months. Medical Improvement Possible (MIP): These reviews happen every three years. Medical Improvement Not Expected (MINE): The SSA will review it every five to seven years. Factors influencing the duration of benefits Your SSDI benefits depend on your medical condition, age, and compliance with treatment. If your condition improves and you can return to work, your benefits may cease. On the other hand, if your condition remains unchanged, you will likely continue to receive benefits. Age can also influence reviews, as those nearing retirement age may experience fewer reviews. Impact of returning to work Returning to work can affect your SSDI benefits. The SSA offers a Trial Work Period (TWP) that allows you to test your ability to work while still receiving benefits. During the TWP, you can work for nine months without losing benefits. After the TWP, an Extended Period of Eligibility (EPE) allows you to work for 36 months with benefits available for any month your earnings do not exceed the SSA’s Substantial Gainful Activity (SGA) level of $1,550 per month for non-blind individuals and $2,590 for blind individuals. A journey of adaptability  Regular communication with the SSA and understanding the review process can help you navigate the complexities of SSDI. By staying informed and adaptable, you can make the most of your benefits while planning for the future.

How a criminal record impacts eligibility for SSDI benefits

August 28, 2024
Social Security Disability Insurance (SSDI) offers financial support to individuals who cannot work due to a disability. Understanding how your criminal history affects your eligibility is important for anyone applying for SSDI. SSDI eligibility basics To qualify for SSDI, you must have a disability that prevents you from working and have paid into Social Security through taxes. Typically, you must have worked for at least five of the last 10 years before becoming disabled. Your disability must be severe enough to stop you from doing any substantial gainful activity. The Social Security Administration (SSA) considers your medical condition, age, education, and work experience in determining eligibility. Criminal record’s affect on eligibility A criminal record can complicate your eligibility for benefits. If you commit a crime while receiving SSDI benefit s and remain incarcerated for more than 30 days, the SSA typically suspends your benefits. Reinstating benefits after release can be difficult. You will be required to reapply with updated medical records and proof of ongoing disability. The SSA may closely examine your application post-incarceration and may even deny your benefits . Washington’s eligibility factors In Washington, specific programs and laws can influence SSDI eligibility for those with a criminal record. For instance, a conviction under the “Drug Offender Sentencing Alternative” (DOSA) program may subject you to additional scrutiny when applying for benefits. Although DOSA offers reduced sentences for eligible drug offenders, a conviction under this program could still trigger a more rigorous review of your SSDI application. Understanding the impact Securing SSDI benefits with a criminal record requires careful planning and attention to detail. By fully understanding the specific factors at play, you can better position yourself for a successful outcome.