Your Right to Take Care of Yourself & Your Family
Your Right to Take Care of Yourself & Your Family
* This information sheet is provided as a resource for general education and is not provided for the purpose of giving legal advice of any kind.
Learn the Basics
The laws covering Your Right to Care for Yourself and Your Family vary depending on how many employees work for your company, how long you have worked for that company, and other factors. See the pull-down sections below for more details and Chapter 2 in the Full Manual. Laws affecting your Right to Take Care of Yourself & Your Family also depend on your employment status. See Chapter 7: Am I an Employee?
2.1 Paid Sick and Safe Leave
Summary
Most Washington employees including rideshare drivers (Lyft, Uber, etc.) have the right to receive paid leave for sickness and safety needs. This includes part-time and seasonal workers. Employees earn paid sick leave at a minimum rate of 1 hour for every 40 hours worked, and paid sick leave must be paid at the hourly rate that the employee would have earned for the time during which the employee used paid sick leave.
Workers can use earned sick leave after 90 days of employment (90 hours for rideshare drivers) and can carry over up to 40 hours of unused sick leave into the following year. Many employees have improved upon these minimums through organizing a union at their workplace so check your union contract if you have one. These rates are a minimum, and employers are free to offer more hours and allow for a larger carryover.
When Can I Use Paid Sick and Safety Leave?
- If you or a family member is sick, including mental health problems
- If you or a family member needs to see a doctor, therapist or other healthcare provider
- If your child’s school or childcare is closed and you need to provide childcare
- If you or your family member is experiencing domestic violence, sexual assault or stalking (see Chapter 2.5 for details)
- If your place of work is shut down by government order
- During a deactivation or other “blocked” status that keeps you from driving on a rideshare platform unless this is due to a verified allegation of sexual or physical assault
Legislation passed in 2025 allows employees to use paid sick leave to prepare for, or participate in, a judicial or administrative immigration proceeding involving the employee or their family member.
Family members include your: Spouse, Registered Domestic Partner, Grandparent, Grandchild, Sibling, Children and Parent. For children and parents this includes biological, adopted, foster, stepparent/child, anyone you are legally responsible for, or someone who was your legal guardian or their spouse or registered domestic partner and anyone who was legally responsible for you when you were a minor.
Coronavirus and Paid Sick Leave
Washington’s Paid Sick Leave law allows employees to use their paid sick leave for most situations related to the Coronavirus, including:
- If you think you may have been exposed to Coronavirus, or are experiencing symptoms or feeling ill
- If you are caring for a family member with Coronavirus
- If you or a family member has an appointment to receive the Coronavirus vaccine
Washington’s Paid Sick Leave law does not cover cases where the employer voluntarily closes the workplace (but the employer can voluntarily provide paid sick leave in this case). For more information, see L&I’s Coronavirus Paid Sick Leave Q&A page.
Seattle’s Paid Sick and Safe Leave
Seattle has a stronger paid sick leave law that allows workers at larger employers (50+ employees) to carry over 56 hours of leave into the next year, and the largest employers (250+ employees) must provide a leave hour for every 30 hours worked and allow workers to carry over 72 hours. See details at the City’s website here.
App-Based workers in Seattle who work for companies with at least 250 app-based workers worldwide are also eligible for Paid Sick and Safe Time. Under this law drivers are eligible for one day of safe and sick leave for every 30 days worked in Seattle. Leave is used in 24-hour increments, and the rate of pay is based on your average daily earnings on days when at least some or all work was done in Seattle over the past 12 months. See details here.
The City of SeaTac also has a sick leave provision in its minimum wage law providing most transportation and hospitality workers access to paid sick time as soon as it is earned and requires that unused sick leave be paid out to employees at the end of each year.
Tacoma has a paid sick leave law based on the state law which includes salaried workers, rail workers and elected/appointed public officials. The Tacoma law also allows employees to use their sick leave for bereavement.
Learn More: Paid Sick Leave
- Unionized construction workers get the same sick leave rights but enforced through their union contracts.
- Retaliation Protection: Both State and local sick and safe leave laws also protect workers who might face retaliation for filing a complaint about using sick or safe leave. NOTE: Some employees may not have a right to paid sick leave because their jobs are exempt from the minimum wage law. Exemptions include doctors, lawyers, and dentists, and many salaried executive, administrative, professional, computer or outside sales workers.
- For more info on exempt employees, please see the State’s Administrative Policy ES.A.1.
2.2 Paid Family and Medical Leave
Summary
Paid Family and Medical Leave provides paid time off for employees in Washington when a serious health condition prevents you from working or when you need time to care for a family member or a new child. Paid Family and Medical Leave is available to almost everyone working in Washington.
Recent changes to the Washington Paid Family and Medical Leave (WPFML) program will expand benefits to more workers in 2026 and beyond. In 2025, the definition of employer was expanded to include union representatives, to ensure that dockworkers, who usually work for multiple employers, aren’t overpaying into PFML.
Beginning January 1, 2026:
- Employers with 25 or more employees in Washington must provide job protection
- Employees need to have worked for their employer for at least 180 days before the start of their leave, regardless of how many hours they have worked
- Employers are required to maintain employee health insurance coverage during any period of leave in the PFML Program in which the employee is also entitled to job protection
FAQs: Paid Family and Medical Leave
Can I use Paid Leave if I am sick with COVID-19?
As with any illness, to be eligible for paid medical leave, a healthcare provider must certify that you are unable to work due to a serious health condition. If your healthcare provider certifies your illness meets the definition of “serious health condition” and you are otherwise eligible, you can use Paid Family and Medical Leave for COVID-19 cases.
Who Qualifies?
You are eligible if:
- You’ve worked 820 hours (about 16 hours a week) in Washington during the qualifying period, which is about the last year. (Set to change on January 1, 2026 to 180 days, regardless of hours.)
- You’ve experienced a qualifying event. Qualifying events include a serious health condition that prevents you from working, a new baby or child joining your family, and a family member’s serious illness or medical event. Family members include anyone residing in your home who depends on you (the employee) for care. Here are some examples:
- You give birth to a baby, adopt a child or have a foster child placed with your family.
- You are recovering from a major surgery, serious illness or injury.
- You are receiving treatment for a chronic health condition like diabetes or epilepsy.
- You are receiving inpatient treatment for substance abuse or for mental health.
- You are taking care of a family member with a serious health condition.
- A family member is on active duty military service and you take time to join them during R&R.
- You are not a federal employee, employed by an employer who has an approved exemption because paid family and medical leave benefits are provided through a voluntary plan, or covered by a collective bargaining agreement that hasn’t been opened or renegotiated since before October 19, 2017. If you’re self-employed or employed by a federally recognized tribe, you are not automatically eligible. Self-employed people and tribes need to opt in to receive paid leave.
How much time can I take?
Most eligible employees can take up to 12 weeks of paid leave a year. If you give birth to a baby, you qualify for up to 16 weeks of paid leave. In some circumstances, you may qualify for up to 18 weeks. The leave does not have to be taken all at once.
What benefits do I receive?
While you’re out, you will receive payments from the state based on a percentage of your typical weekly earnings, up to $1,000 a week. The Employment Security Dept. (ESD) has an online benefit calculator to estimate how much you will receive.
Is my job protected when I use Paid Leave?
If you work for a company that employs more than 50 people in Washington, you have worked there for at least a year and for a total of 1,250 hours in the year immediately preceding leave, you are eligible for job protection. (See note above about these protections expanding beginning January 1, 2026.) If you do not have job protection with Paid Family and Medical Leave there may be other local, state or federal laws that offer job protection or restoration for you. For pregnancy leaves, the Washington Law Against Discrimination (WLAD) provides disability leave and job protections if you work for an employer with 8 or more employees. See Chapter 2.4: Pregnancy and Parental Leave.
Learn More: How Paid Family Leave Differs from Paid Sick days
Paid Family and Medical Leave is for times when something major keeps you away from work for a longer period of time. Paid sick days are for short-term health conditions that keep you from working, typically for less than a week. With Paid Family and Medical Leave, unless you welcomed a new child into your family, there is a seven-day waiting period before you can begin receiving your benefit. During this time, you can use paid sick days if you choose to. For more information and to apply, visit the ESD Paid Leave website here.
Paid Family Leave and FMLA
Paid Family and Medical Leave is a Washington State program. FMLA is a federal program. In short, this does not replace FMLA. An employee’s use of FMLA, or other available leave, does not diminish their available Paid Family and Medical Leave benefit. It is possible for an employee to use multiple leave options consecutively. However, beginning January 1, 2026, employers will be able to count FMLA leave toward the total amount of leave entitled under the PFML if they provide written notice within five business days of the employee’s initial request for or use of FMLA leave and then monthly thereafter during the leave year. This is true even if the employee has not applied for and is not receiving PFML benefits.
2.3 Unpaid Family and Medical Leave
Summary
The Federal Medical Leave Act (FMLA) gives any workers the right to take up to 12 weeks of unpaid, job-protected leave per year when:
- to care for yourself when seriously ill or pregnant;
- to give birth and/or care for a newborn or newly placed child;
- to care for an ill spouse, child or parent.
FAQs: FMLA
Who’s Covered by the Family Medical Leave Act (FMLA)?
You are eligible for unpaid family/medical leave if you and your employer meet the following conditions:
- If you work for a private employer who has 50 or more employees for at least 20 workweeks a year, or any public employer.
- Have worked for your employer for at least 12 months.
- Have worked at least 1,250 hours (about 25 hours per week) during the 12 months before the start of your leave. Both civilian job hours and hours of military service count towards total hours worked.
- Work at a location where your employer has at least 50 workers within a 75-mile radius.
Learn More: Family Leave, Your Benefits, Job Protections
Vacation time, sick leave, retirement, and seniority benefits you built up before you took your leave generally remain available, but usually do not continue to build up while on leave. When you return to work, your employer must provide any other right, benefit, or position that you would have if you had not taken the leave.
Health Insurance: If you had health insurance paid by your employer before you took leave, your employer must provide it under similar terms and conditions. If your leave lasts longer than 12 weeks, you can continue paying the insurer directly for your benefits under COBRA. More information is available at the State Insurance Commissioner’s Office here.
Can My Employer Refuse to Give Me My Job Back When I Return from FMLA Leave?
Yes, but only if ALL three of the following circumstances exist:
- You returning to your job would cause extreme economic hardship for the employer; AND
- You are considered a “key” employee; AND
- Your health care coverage was maintained throughout your leave.
A key employee is a salaried employee who is among the highest paid 10% of employees within 75 miles of the work site. If your employer states that they may deny you your job back, they must give you written notice when you request your leave or at the start of your leave. The written notice must include the reasons for denying you your job back and give you a reasonable chance to return to work. If you go ahead with the leave after receiving the notice, you can still request your job back at the end of the leave period, and your employer must decide again whether your reinstatement would cause extreme economic hardship. For more information visit this webpage.
The Washington State Family Care Act
The Washington State Family Care Act allows all employees to use any available sick leave, vacation time, or other paid time off to care for a family member. An employer cannot punish you for taking leave under this law. As long as you are qualified to use paid leave for your own illness, you can also use it for a family member. In certain cases, the law also gives additional time off for pregnancy and parenting over and above what the FMLA allows. You can use your paid leave to care for your:
- Child (under age 18) when the child is sick or needs medical care.
- Spouse, registered domestic partner, parent, parent-in-law, or grandparent who has a serious or emergency health condition.
- Disabled adult child who is not able to take care of themselves.
For more information, see this website.
2.4 Pregnancy and Parental Leave
Federal and state laws protect new parents’ rights to take time off to care for a newly born or newly adopted or fostered child. Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.
It is illegal for your employer to discriminate against you because you are pregnant or postpartum. For more information on pregnancy discrimination, see Chapter 3.5: Protections for Pregnant, Postpartum and Nursing Employees.
Recent changes to the Washington Paid Family and Medical Leave (WPFML) program will expand benefits to more workers in 2026 and beyond. Beginning January 1, 2026:
- Employers with 25 or more employees in Washington must provide job protection
- Employees need to have worked for their employer for at least 180 days before the start of their leave, regardless of how many hours they have worked
- Employer’s are required to maintain employee health insurance coverage during any period of leave in the PFML Program in which the employee is also entitled to job protection
In a unionized workplace employees can often get their unions help enforcing state and federal laws more quickly under common collective bargaining provisions. Ask your shop steward or union representative for details.
FAQs: Parental Leave
Note: the answers below assume your employer has at least eight employees. Smaller employers and religious nonprofits are not covered by state or federal parental/pregnancy leave protection laws.
Does My Parental Leave Have To Be Paid?
No. However, if your employer offers paid time off for other illnesses or short-term disabilities, they must allow you to use that time for pregnancy or pregnancy-related conditions.
Is My Job Protected? Can I Be Laid Off or Fired While Pregnant or on Maternity Leave?
Not because of your pregnancy or related medical leave. However, your employer could fire you for other reasons.
At What Time in The Pregnancy Do I Have to Stop Working?
You and your medical provider decide when you must stop working. There is no standard time when a pregnant employee needs to stop working.
Does My Employer Need to Provide Health Insurance Coverage for Pregnancy, Childbirth and Related Medical Conditions?
If your employer offers health insurance for other temporary medical conditions, then they must provide insurance that covers pregnancy. If your employer doesn’t provide health insurance generally, they are not required to do so for pregnancy.
Most expectant parents are eligible for free insurance through Washington State Apple Health if your employer doesn’t offer it. More information is available here.
Can I Expect to Have My Job Duties Altered to Accommodate My Medical Condition Because I Am Pregnant?
Your employer should allow for needed job changes to reasonably accommodate any medical condition, including pregnancy. For more information on reasonable accommodation for disability see Chapter 3.5: Protections for Pregnant, Postpartum and Nursing Employees.
Can My Employer Decrease My Work Hours Because I Am Pregnant?
An employer must treat an employee who is pregnant the same as any other employee. Your employer must have a business reason for changing your work schedule unless the employee is the one requesting the change.
The Q & A above are adapted from information provided on the Washington State Human Rights Commission’s website.
Washington State Labor and Industries also has more information on state and federal laws covering pregnancy and family leave available here.
2.5 Domestic Violence Leave
Washington State law allows all employees to take (paid or unpaid) leave to deal with issues of domestic violence, sexual assault, or stalking for themselves or family members. You can take time off for:
- Law-enforcement assistance
- Medical treatment or counseling at a domestic violence shelter or crisis program
- Relocation and safety planning
You must give notice to your employer as soon as possible if you need this leave. When you are requesting leave for domestic violence, your employer may ask you to prove that either you or a family member is a victim of domestic violence, sexual assault, or stalking. Your employer must keep this information confidential.
For more information visit this website.
Learn more about paid leave in the Chapter 2.1: Paid Sick and Safe Leave.
2.6 Workers Compensation: Work Injuries and Occupational Disease
Summary
If you are injured at work or develop an occupational (work-related) disease, you can apply for workers’ compensation. If you need medical treatment for your injury or illness you may be entitled to help to pay for treatment. You may also be entitled to receive partial lost wages if illness or injury stopped you from being able to work. All employees have the right to receive workers’ compensation, including undocumented workers and Transportation Network Company (TNC) drivers like Uber and Lyft.
Most Washington employers purchase worker compensation insurance from a pool called the State Fund. The State Fund is run by the Department of Labor and Industries (L&I). Some larger employers “self-insure” for injuries at work. If your employer is self-insured, see the FAQs below.
Coronavirus and Workers’ Compensation
Employees may also have a Workers’ Compensation claim for Coronavirus cases if the virus resulted from a work exposure. For frontline workers with Coronavirus, exposure at work allows you to quality for Workers’ Comp during the federal Covid-19 emergency, which ended on April 10, 2023. Frontline includes health care (including any work in a health care facility), farm and agriculture work, food processing, distribution and sale, first responders, transit, childcare, retail, hospitality, corrections, education and library work. Claims for health care and frontline workers may continue to be considered for presumptive coverage so long as the contraction or exposure occurred after the date the coverage became effective up to and including April 10, 2023. Other claims that meet certain criteria for exposure will be considered on a case-by-case basis. See L&I’s Coronavirus WC Q&A here.
Applying for Workers’ Compensation
For workers covered by the State-Fund insurance programs, if you get injured on the job or diagnosed with an occupational disease, follow these steps:
- Get First Aid and/or See a Doctor. When you are injured on the job or realize you have an occupational disease you have some rights. You can:
- Go to the doctor, healthcare provider, or emergency room of your choice
- Request an interpreter if you prefer to speak a language other than English
- Refuse to have an employer representative go with you.
- Report the Injury to Your Doctor. Be sure to tell medical staff, including the doctor, that you were injured or made sick on the job. They will help you file your initial workers’ compensation paperwork or file a claim. Explain to the doctor what caused your injury. If you can’t work or can’t do all of the things you used to be able to do at work because of your injury, your doctor will also complete an Activity Prescription Form. This will tell your employer and L&I how your work must be changed or how long you need to rest.
- Report the Injury to Your Employer. Let your employer know right away that you are injured so they know about your injuries when the L&I paperwork arrives and can help you plan your return to work. If you don’t let your employer know about your injury and you need to file a claim later, it may be denied.
- Report the Injury to the Department of Labor and Industries (L&I). The Report of Industrial Injury or Occupational Disease is an accident report form available at hospitals, clinics or doctors’ offices. You complete the worker portion of this form. Your doctor fills out the medical portion of this form and sends it to L&I. Once L&I receives your claim, they will assign a claim manager. If you are more comfortable speaking a language other than English, you have the right to an interpreter at all doctors’ appointments and in all meetings with your L&I case manager.
- Report the Injury to Your Union. If you are in a union workplace, let your union representative know that you are injured. Union reps may be able to help with this process and need to be kept informed of all job-related injuries to help correct the workplace problem. Your union contract may provide you with additional protection in case of an on-the-job injury.
After Your Claim Has Been Filed
Status of Claim
Once you file your claim, L&I will review your case, decide to accept or reject your claim, and also decide whether to leave your case open or close it. When your claim is open, you can apply for time- loss (money to replace lost wages), receive medical treatment, apply for payment for permanent disability, and receive help from a vocational counselor to get back to work quicker.
If L&I decides that your injury is not work-related, or if your doctor and L&I decide that your injury won’t improve with more medical care, L&I will close your claim. This means you cannot seek more benefits, either financial or medical. You can appeal a decision to close your claim. In some cases, you may also reopen your claim if your injury or illness returns at a later date. If you would like to reopen your claim, speak with your doctor.
TIP: Washington is a “no-fault state,” meaning that a workplace injury can be covered no matter who’s “fault” it was.
Receiving Medical Care
While your claim is open, you should not have to pay for any medical treatment or service out of your pocket. Once your claim is accepted, L&I assigns you a claim number and mails you a claim card. This works like an insurance card; you show it to any medical provider, and you should not be charged. If a medical provider charges you for services, contact your case manager right away.
You have the right to visit a medical provider near you, even if you do not live in Washington State. For your initial visit, you may choose any doctor or emergency room. After your first medical visit, you must receive all treatment from a doctor in L&I’s Medical Provider Network. You can search for network providers near you here.
TIP: If you were injured on the job in Washington State, Washington laws will apply to your claim no matter where you live.
You have the right to change doctors at any time during your ongoing treatment, but you must request a “transfer of care”. You can do this online or on paper. Throughout the treatment, you have the right to refuse to allow an L&I claim manager or any employer representative to come into your medical exams with you.
Compensation if You Can’t Work, and Getting Back to Work If You Cannot Work at All
If your doctor says that you are unable to work due to your injury, L&I may pay for part of your lost wages (time-loss). After the first three days, L&I pays time-loss for days of work you miss, if your doctor says you should not work. More information can be found at the L&I Wage Replacement website.
If You Can Do Some Work
Return to your job/employer where you were injured as soon as it’s safe for you to do so. Many workers can return to work gradually, while still receiving medical benefits. L&I also has programs to help you get back to work and encourage employers to hire you. You should talk with your L&I case manager about options and visit the L&I Return to Work website to learn more.
Permanent Disabilities
If your injury or work-related disease caused permanent damage to your body, you may receive a disability award in addition to your regular workers’ compensation award. There are two kinds of disability awards for permanent damage: “partial” and “total.” The amount you can receive is set by law. You must request a disability status while your claim is open.
Partial Permanent Disabilities
This means that you have permanently lost some ability you had before the injury, but you are still able to do some work.
Total Permanent Disabilities
If your injury is so serious that you can never work again, you may be eligible for a life-long pension (income) to make up for the fact that you can no longer earn a living.
Structured Settlement
Some workers who are age 55 or older may qualify for a structured settlement plan. A structured settlement means that you, L&I and your employer agree to a fixed amount of money you will receive and a payment plan. Once you agree, they will not owe you any more money even if that amount is less than the traditional time-loss benefit plan. You still have the right to future medical benefits, even if you agree to accept a settlement for your lost wages. You should discuss structured settlements with an attorney or financial consultant. For more information about structured settlement visit the L&I Settlement website.
Monitoring the Case
You can review your claim at the Claim and Account Center online here. You can also get claim information over the phone, contact info is available here.
Retaliation and Discrimination
Your employer may not discriminate or retaliate against you for filing a claim or seeking benefits you are entitled to. This includes:
- Firing or laying you off.
- Giving you a worse job.
- Changing your assignment to an undesirable shift.
- Refusing to adjust your job duties to the light-duty restrictions ordered by your doctor.
- Denying you a promotion.
- Reducing your wages/benefits, or make you suffer other negative treatment because you filed a claim.
TIP: You only have 90 days to report discrimination so don’t delay!
If you think that you are being discriminated against or mistreated for filing a claim, or if you have questions, download and file a Discrimination Complaint form from the L&I Discrimination website here.
FAQs: Workers Comp
What do I do if my employer is self-insured?
About a third of Washington workers work for self-insured employers. If you work for a self-insured employer, your rights and benefits do not change, but you must file a claim through your employer. Your employer should have a notice on the safety bulletin board about how to file an accident report for a workplace injury or disease. You may also talk to your supervisor, union representative, or HR manager about how to do it.
L&I’s self-insurance section will help you if you disagree with your employer. For more information you can visit this webpage, which includes a self-insured employer list and a customer service portal.
A guide to workers’ compensation for employees of self-insured companies can be downloaded from the L&I website here.
What do I do if my employer tells me not to report the injury to the Department of Labor and Industries (L&I), or tells me to lie and say it didn’t happen on the job?
This is illegal “claim suppression.” You should submit a Claim Suppression Complaint Form here (phone and email contact information are also available).
What If I Do Not Agree With L&I’s Decision to Close My Claim?
If there are disagreements about any decision L&I makes about your claim, you, your doctor, or your employer have the right to protest the decision to L&I or appeal the decision directly to the Board of Industrial Insurance Appeals (BIIA). Many claims are denied by L&I the first time, but get approved when appealed – so it is worth filing a protest or appeal to the decision. For more information on how to protest a decision, visit the L&I website appeals website.
Learn More: Workers Comp
You have the right to be represented by an attorney as you go through the process of applying for Workers’ Compensation, but you are not required to have one. You can also visit Project HELP a cooperative effort of L&I and the Washington State Labor Council, to get help with your claim. The L&I Injured Worker website also provides full information on the injured worker process here.
Visit the L&I webpage: Injured Worker? What You Need to Know for a comprehensive overview. Learn more about the status of your claim, receiving medical care, monetary compensation and getting back to work at this L&I website here.
2.7 Long-Term Care Illness and Disability Options
Summary
If you become disabled for any reason and cannot work for at least 12 months, you may qualify for monthly cash payments and medical disability benefits from the federal Social Security Administration. These programs are called Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). You must be a US-citizen or documented non-citizen to qualify for SSDI or SSI.
If you are injured on the job or diagnosed with an occupational disease, you can apply for Workers’ Compensation as well – this is a state program run by Labor and Industries (L&I) (see chapter on Workers’ Comp above).
Social Security Disability Insurance, Supplemental Security Income and Workers’ Compensation are all separate. In some cases, you can collect benefits from more than one of these programs at the same time.
What is Social Security Disability Insurance (SSDI)?
SSDI, in most cases, is for people with disabilities who have a work history. You must have worked long enough and paid Social Security taxes. The amount of SSDI you get depends on your past earnings. You do not have to be low income to receive SSDI.
What Is Supplemental Security Income (SSI)?
SSI is generally for people with disabilities of any age who have low incomes and assets less than $2,000. Low-income people 65 years and older with or without disabilities may also be able to receive SSI benefits. You can get SSI if you have never worked.
A Summary of Your SSI/SSDI Rights
- There is no charge to apply for Social Security Disability Insurance or Supplemental Security Income.
- You should apply as soon as possible after becoming disabled. Note: there is a five-month waiting period before you can begin to receive benefits.
- You have the right to receive help from the Social Security Administration. If you do not speak English and need an interpreter, the Social Security Administration must provide one free of charge.
- You have the right to see and copy your Social Security file upon request.
- If Social Security denies your application, they must tell you in writing. The notice must explain how to appeal.
- You have the right to appeal. If you are denied benefits, you have 60 days from the denial notice date to appeal.
- You have the right to a representative or lawyer to help you in your appeal.
FAQs: SSDI
Do I Qualify for Social Security Disability Insurance (SSDI)?
You must be “disabled” and not able to work for at least 12 months. “Disability” under Social Security is based on how much you can work. Social Security will generally not consider you disabled, and you will not qualify for benefits if you are working this calendar year AND your earnings average more than $1,620 a month (this figure is for 2025; this amount usually increases slightly every year).
You are considered disabled if:
- The SSA recognizes your medical condition. See this list of qualifying medical conditions here.
- If your condition is not listed you may qualify if:
- You cannot do the work you did before AND
- You cannot adjust to other work because of your medical condition(s) AND
- Your disability has lasted or is expected to last for at least one year or to result in death.
You must meet some minimum work requirements:
- You must have worked recently.
- You must have worked, and paid taxes, for long enough in your life. See the Disability Benefits online handbook for more information on these rules. How Do I Qualify for Supplemental Security Income (SSI)?
How Much Money Will I, Or My Family, Receive?
The amount of money (benefit amount) you will receive depends on your work history and the amount of money you have paid to the Social Security Administration via payroll taxes. Certain members of your family, such as your spouse, minor child, or disabled adult child, may qualify for benefits of their own based on your work, if you qualify for SSDI benefits.
Will I Receive Medical Care?
With SSDI, you will get Medicare coverage automatically after you have received disability benefits for two years. For more information on Medicare, contact the SSA or visit the SSA’s Medicare website.
FAQs: SSI
How Do I Qualify for Supplemental Security Income (SSI)?
Supplemental Security Income may be able to help you if you are blind, disabled or 65 years and older, and have little or no income. Disabled or blind children can also receive SSI. SSI provides money to meet basic needs for food, clothing, and shelter. It is not based on your previous work history.
- You must be over age 65, or blind, or disabled.
- You must be a US citizen, permanent resident, or US national who is generally living in the US.
- You must also show that you have little-to-no income or other resources to qualify.
- The Social Security Administration (SSA) may also consider your living situation if you live in housing like a shelter, halfway house, or other community housing.
How Much Money Will I Receive?
The amount that you receive depends on your living situation, other income, if you are applying as an individual or a couple and how many children you have. In 2025, the federal SSI benefit for an individual living alone is $967 per month, and for a couple it is $1,450 per month. It generally takes three to six months to process a SSI application.
The State of Washington also pays an additional small amount to residents. Visit this website to find out more.
Will I Get Medical Benefits?
If you are approved for SSI, you will usually be enrolled in Medicaid. For more information on Medicaid, contact the Social Security Administration or visit the Medicaid website.
Learn More: Disability and Long-Term Care Programs
SSDI Application Process
You can apply for SSDI by phone, contact information is available here. The Social Security Administration will send you forms to fill out and return. You can apply online at Social Security’s Disability Benefits website here . You can also apply in person at your local Social Security Office. Documented non-citizens should see the SSI For Non-Citizens info sheet here.
SSI Application Process
You can apply online at the Social Security Administration here or in person at your local Social Security Office (no local offices have been closed in Washington in 2025). You can also call the toll free National 800 number, or your local office, contact information is available here. Parents or guardians can usually apply for blind or disabled children under age 18.
What to Do if Your Claim is Denied
If your claim is denied, appeal! You have 60 days from the date of the denial notice to appeal. Social Security often denies your first disability claim. Nationally, about 75% of all applicants are denied when they first apply. But many of these people ultimately get their benefits. You may want to hire a lawyer who specializes in Social Security disability cases. For information on free or low-cost lawyers, see Chapter 8.2: Legal Resources at the end of this manual.
Going Back to Work
There are special rules that help you keep your monthly benefits and Medicare while you test your ability to work. See SSA’s Red Book on Returning to Work here.
Summary of Your Rights
- There is no charge to apply for Social Security Disability Insurance or Supplemental Security Income.
- You should apply as soon as possible after becoming disabled. Note: there is a five-month waiting period before you can begin to receive benefits.
- You have the right to receive help from the Social Security Administration. If you do not speak English and need an interpreter, the Social Security Administration must provide one free of charge.
- You have the right to see and copy your Social Security file upon request.
- If Social Security denies your application, they must tell you in writing. The notice must explain how to appeal.
- You have the right to appeal. If you are denied benefits, you have 60 days from the denial notice date to appeal.
- You have the right to a representative or lawyer to help you in your appeal.
Washington State Programs
In addition to the federal programs that are mentioned in this chapter, Washington State also has programs that offer financial help such as food stamps, cash assistance, family assistance and medical assistance. You may be eligible for these even if you are not receiving SSI or SSDI or while your application is being processed. Visit the DSHS Washington Connection website. You can also contact the Department of Social and Health Services (DSHS) or visit a local office – contact and location information is available here.
