Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by NC
disability advocate Tim Moore
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Starting an appeal on a disability claim in Texas
To start an appeal on a Social Security Disability or SSI claim in Texas, all you really have to do is contact the Social Security Office. Ideally, you should contact the social security office where you filed your application. Contacting a different SSA field office is not necessarily problematic in and of itself, but you probably want to keep the process as simple as possible.
Appeals can be done online. And if you have representation, the likelihood is that the indvidual representing your disability claim (either a disability attorney or a non-attorney disability representative) will file your appeal forms online. However, if you file the appeal paperwork yourself, you have the option of submitting paper forms or using the online process.
If you file the appeal online, you can print a copy for yourself for your records. If you choose not to use the online process, after you contact the SSA office and notify them you want to start an appeal on your SSDI (Social Security Dsability Insurance) or SSI claim, you should receive a packet in the mail with the appropriate appeal forms. These forms will allow you to indicate any recent medical treatment, new doctors who have treated you, and changes in your disabling condition, as well as any new conditions you may have to report.
If you have a Social Security Lawyer, of course, you should have this individual file your Social Security Disability or SSI appeal for you. For a disability representative or attorney, this is simply part of the routine and, ideally, your lawyer should do this for you simply to ensure that the appeal is done properly and, just as importantly, timely.
Common questions about filing for disability in Texas
Getting the appeal done on-time
One of the most important things to remember when doing an appeal for disability is this: do the appeal timely. SSDI (social security disability insurance) and SSI appeals have a sixty day deadline, from the date of the denial, and the last thing you want to do is miss your dealine to file your appeal timely.
If your miss your appeal deadline, you will, most likely, have to start all over with a brand new SSD or SSI disability application. If you have a valid reason for submitting a late appeal, such as a medical or family emergency, you may be able to qualify for good cause (basically, this means you are granted an excuse for submitting the appeal beyond the deadline), but it is completely up to SSA as to whether or not they will grant this.
Of course, if you have a lawyer or representative handling your claim, they should receive a copy of your disability claim denial around the same you receive your copy (usually, the lawyer will get a copy within 3 days of the claimant receiving theirs). And this fact usually ensures that the appeal will be done on time. But even so, it's a good idea to call your lawyer as soon as you find out you have been denied just in case the lawyer's office does not receive their copy of the notice.
The appeals you are mostly likely to file in Texas
While there are ten prototype states in which an individual who has been denied may immediately file a request for a disability hearing, in Texas the first appeal following the denial of a disability application will be something known as a request for reconsideration.
Information to submit on the appeal
When you submit the request for the second appeal, which is the request for a hearing, there is not necessarily much value in indicating your most recent medical treatment. This is because it will generally take over a year to get a hearing date scheduled. By the time a person actually gets to a hearing, they will, most likely, have received additional treatment.
Generally, the manner in which a judge becomes aware of a claimant's most recent treament is by A) obtaining the most recent medical records and sending them to the hearing right before the hearing or B) allowing the individual representing the disability claim at the hearing to do this. Most representatives will attempt to get all the updated records that are available and most will also attempt to get a solid supporting statement from at least one of the claimant's treating physcians.
On the reconsideration appeal, however, a claimant or their representative, should indicate any additional medical treatment that has been received at the time of filing this appeal. This is important to do because without this information the reconsideration-level examiner may decide to send the claimant to a Social Security medical examination, or simply conclude that the evidence already gathered in the file is sufficient to make a decision (assuming these records are not older than 60 days).
Return to: Social Security Disability Resource Center, or read answers to Questions
Filing for disability in Texas
What are the qualifications for disability in Texas?
When do you file for Texas disability benefits? - when you become disabled
SSI vs Social Security Disability in Texas
Winning a Social Security Disability or SSI award in Texas
Disability for depression in Texas
Disability approval process - Getting disability in Texas
Resource links for Filing a Texas disability application
Can I apply for temporary and later permanent Disability in Texas?
How much can I get from Social Security Disability in Texas?
Eligibility and qualifying for disability in Texas
Social Security Disability Status in Texas
Disability appeals in Texas
What if you get denied disability in Texas?
Can you avoid a Social Security Disability Denial in Texas?
The Social Security Disability and SSI appeals process in Texas
Starting an appeal on a disability claim in Texas
What are the chances of winning a disability appeal in Texas?
How many disability appeals do you get in Texas?
Filing a Texas Disability Appeal
Disability Hearings in Texas
How long does it take to get a disability hearing decision in Texas?
Going to and getting ready for a disability hearing in Texas
Don't waste your Texas disability hearing - be prepared
Qualifying for disability at a hearing in Texas
Texas Disability Attorney questions
Get a qualified disability attorney, lawyer, advocate in Texas
Should you get help from a disability attorney in Texas if you have not filed yet?
What does a disability lawyer in Texas do to help you win benefits?
How Much Are The Fees For A Disability Lawyer In Texas?
How do Disability Lawyers in Texas get paid their fees?
Qualifying For Disability in Texas, will I qualify?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages provide answers to basic questions about pursuing disability benefits
Disability qualifications - Who will qualify is based on functional limitations
What do you Need to Prove to Qualify for Disability Benefits?
How to file for disability and the information needed by Social Security
What conditions do they Award Disability Benefits for?
How does back pay for Social Security disability work?
What makes you eligible for Social Security Disability or SSI? Part I
To get a Social Security Disability or SSI Award do you have to have a Permanent Disability?
Social Security Disability Status - when should I call to check
Do Lawyers Improve The Chances of Winning Social Security Disability or SSI?
What is qualifying for disability based on?
How to qualify for disability - The Process of Qualifying for Benefits
Receiving a Social Security Disability Award Letter
How long does it take to get disability?