Social Security Disability Resource Center

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Disability claims in Texas, and all states, have a higher chance of success, particularly at the hearing level, when a qualified representative (attorney or non-attorney) is involved

Claimants who have Social Security representation in Texas tend to have a higher likelihood of being approved, generally need to file fewer appeals, and often have more favorable "dates of onset" (the date the disability is proven to have begun) resulting in higher amounts in back pay benefits.

Link: Questions about using attorneys and representatives on disability claims

Representation on a claim may be provided by a disability lawyer or a specialized non-attorney disability representative. Many non-attorney disability representatives are former Social Security Administration field office Claims Specialists and DDS (disability determination services) Disability Examiners.

A qualified representative will possess a knowledge of Social Security administrative law and procedures. This is especially true with regard to how claims are approved through the Social Security listings and the medical vocational grid rules. A qualified and competent representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, analyze it correctly, and incorporate it as part of a winning strategy for a claim.

Common questions about filing for disability in Texas
What will a disability attorney or non-attorney representative do to win a case? Representatives perform many functions such as filing timely appeals, keeping track of the status of a claim, responding to requests from the Social Security Administration for additional information (such as regarding the claimant's daily activities, their medical treatment sources, and their work history), and sending out reminders to claimants about consultative medical examinations that have been scheduled for them.

However, what a representative does to win a claim is essentially the following:

1) Analyze the history of the claim, i.e. why and how it was previously denied.

2) Obtain relevant, current, and compelling evidence (which is usually medical in nature but may also be vocational, or work, related), and

3) Present a basis for approval of the claim according to Social Security regulations (the code of federal regulations), Social Security rules (the grid framework rules), and the various SSRs (social security court rulings).

To learn about fees for representation, see: "How do disability lawyers get paid?"

Additional information

In prior years, the federal government has reported that less than forty percent of claims for social security disability (SSD) and supplemental security income (SSI) filed in Texas have been approved by DDS, the state disability determination services agency that makes decisions for SSA. In a recent period, only 33 percent of disability applications were approved, making it necessary for nearly 70 percent of claimants to begin the appeal process.

Those who filed their first appeal were even less successful--less than twenty percent of requests for reconsideration filed in Texas were approved. In a recent period, in fact, approvals at the reconsideration level were only 12 percent, which, statistically, is in line with the rest of the country.

Given these numbers, if are thinking about filing for SSD or SSI benefits in Texas, it may be worthwhile to seek consultation about your claim early on. It can be helpful to get an attorney or representative involved after your application has been denied because they may be able to spot weaknesses or omissions in the original information you supplied, and help provide a fresh slant on your case before the reconsideration process with a new disability examiner begins.

Your lawyer can also ensure that appeals that you intend to file are received at the Social Security Office before the 60-day deadline is up, which is very important: Appeals not filed within the deadline are automatically denied, giving you no choice by to start over with a new claim, putting you several months behind in this already time-consuming process, but also potentially eliminating some of your eligibility for disability back pay (due to starting over with a new filing date)

While it is true that some disability lawyers will not take a case until it has been denied by a state disability examiner, due to disability claim backlogs more lawyers and non-attorney disability representatives are increasingly taking claims prior to a denial being issued.

And, in many instances, representatives are able to make strong attempts to win claims as early in the process as possible. When this occurs, the need for a hearing may be eliminated, saving many months of case processing time and allowing claimants to receive their benefits much sooner.

Having said this, if your initial claim for disability has already been denied, it is still unlikely that you will win disability benefits from a reconsideration appeal. However, this still presents an argument for obtaining representation, simply because the second appeal in the process is the "request for hearing before an Administrative law judge".

Studies have shown that individuals who appeal a disability claim denial and appear before a disability judge stand a greater than 60 percent chance of being approved, if they are represented by a disability lawyer, whereas unrepresented claimants have an average approval rate of approximately 40 percent.

Clearly, this level of consideration offers the best odds of winning benefits for those filing for disability in Texas and applicants are strongly advised to get a disability lawyer or non-attorney disability representative at this point if they havenít already.

Those represented before federal disability judges by an attorney simply win benefits significantly more often than those who appear with no legal representation. Judges at hearings, in fact, will often advise claimants who arrive unrepresented that they may have their hearing date rescheduled if they would like to take the opportunity to seek representation.

  • What medical conditions will get you approved for disability?

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  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved

  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center

    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Medical exams for disability claims

    Applying for Disability in various states

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children

    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney

    Frequently asked questions about getting Denied for Disability Benefits

    FAQ on Disability Claim Representation

    Disability hearings before Judges

    Selecting and hiring Disability Lawyers

    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security

    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

    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

    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI

    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer

    General information

    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

    Disabiity 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?

    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?