Frequently Asked Legal Questions in Longview, WA

You may file applications for SSD and/or SSI three ways: 1. File online at www.ssa.gov 2. Go to your local Social Security office and file in person. 3. Call Social Security at 1-800-772-1213.

Your application(s) will go to a state agency known as the Disability Determination Service where it could take anywhere from three to eight months to be reviewed.

You have 60 days to file a Request for Reconsideration.  We would be pleased to meet with you to discuss representation and to assist you with an appeal.  Please contact our office to schedule an appointment with Teal Parham.

You have 60 days to file a Request for Hearing Before an Administrative Law Judge.  If Teal Parham is already representing you, you will meet with Teal to file the Request for Hearing.  If you are not already a client, please contact our office to schedule an appointment with Teal Parham.

It is currently taking the hearing offices in our area about 8 to 10 months from the date when you filed your Request for Hearing until your actual hearing date.

In the vast majority of cases, yes, you do participate in a hearing.  You have the option of having your hearing by phone, by video with Microsoft Teams, or in-person at your nearest hearing office.

In the Pacific Northwest, hearings typically take place in Portland, Oregon; Salem, Oregon; Eugene, Oregon; Tacoma, Washington; Seattle, Washington; and Spokane, Washington.

It is a very informal hearing.  It is a chance for us to present your case to the judge.  You typically answer questions regarding your symptoms and limitations.  Usually there is a vocational expert participating in the hearing, and rarely there may be a medical expert.  Hearings generally last less than an hour.  The vocational expert testifies to the requirements of any past work you may have had and will testify about the national labor market.  If a medical expert testifies they will testify regarding your diagnoses, and how your impairments lines up with social security listings, and their opinion on your limitations.

There is no set guideline as to how long a judge may take to issue a decision. On average, it takes about 4 to 6 weeks after the hearing to get the decision in the mail.

Social Security will process your benefits and get you started on your regular monthly benefit in about 60 days.  If you are entitled to a lump sum settlement of back-due benefits, Social Security may take another 30 to 60 days to pay that out to you, but each case is different and may have different timelines.

Social security sets the attorney fee for fee agreements.  The attorney fee is 25% of your lump sum settlement of back-due benefits, up to a maximum of $9,200, whichever is lower.  Social Security approves the attorney fee, and the fee is paid directly to the attorney out of your back-due benefits. There may be costs in your case, such as the cost of medical records or opinion evidence from your providers.  Most cases do not have these costs, but if your case does involve costs, that is something you would be responsible for.

Yes. A Request for Review of Hearing Decision/Order typically must be filed within 60 days of the judge's unfavorable decision. Your case would then go to the Appeals Council in Baltimore, Maryland. Currently, the Appeals Council is taking approximately 8 to 10 months to review an appeal and issue a notice and order.

You may be able to file a lawsuit against Social Security in federal district court that typically needs to be filed within 60 days of the Appeals Council denial. 

If you disagree with a claim closure or permanent partial disability rating, you may have options to protest or appeal the decision. The appropriate action depends on the circumstances of your claim.

It is possible to receive both types of benefits, although an offset may affect the amount of one payment. Your individual circumstances determine how the benefits interact.

A claim may potentially be reopened when specific legal and medical requirements are met, including evidence that your condition has objectively worsened. Applicable deadlines may also apply.

A personal injury claim may arise when someone is injured because of another party’s negligence or wrongful conduct. Whether a claim exists depends on the specific facts and applicable law.

Legal deadlines, known as statutes of limitations, can apply to personal injury claims. The deadline can vary depending on the circumstances, so it is important to discuss your situation with an attorney promptly.

Yes. Some matters resolve through negotiation or settlement, while others may require litigation and trial when an agreement cannot be reached.