Overview of Disability
Disability Back Pay
Disability Advice Tips
How long do cases take?
How to win Disability
SSD Mistakes to avoid
Disability for Mental
What if you get denied?
How to file Appeals
Disability through SSA
SSI Disability Benefits
Disability for Children
How do I qualify for it?
Working and Disability
Disability Award Notice
Disability Lawyer Q&A
Disability Conditions List
What is a disability?
Your Medical Evidence
Filing for your Disability
SSD SSI Definitions
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SSDRC Disability Blog
Social Security Disability denied in Texas
If your claim for Social Security Disability (SSD) or Supplemental Security Income (SSI) is denied in Texas (and the vast majority, about 70% of those filed each year, are denied) then you should appeal the decision. And you should do this as soon as possible despite the fact that SSA allows an appeal deadline of 60 days from the date of your denial.
This first appeal is referred to as a request for reconsideration, and it is decided by the same agency that denied the initial application, the state disability determination services (DDS). Given the fact that the same organization that denied the initial application is in charge of reviewing the denial, the following statistic should not come as any surprise: about 85% of all reconsideration appeals are denied as well. This is true for disability claims filed in Texas and practically every other state.
So why bother appealing? Well, the purpose of filing a first appeal is not so much that it affords a claimant any real chance of winning at the first appeal level, but that it allows the claim to advance to the second level of appeal, which is far more likely to be decided in favor of the claimant. Second appeals are decided by federal administrative law judges (ALJs) who, though bound by the same Social Security rules as DDS examiners, have a lot more discretion when ruling on disability cases.
In addition, at a disability hearing claimants are afforded the opportunity to elaborate on both their symptoms and exactly how those symptoms prevent them from earning a living wage. Claimants also have the option to be represented by a disability attorney or a non-attorney disability representative (many of whom are former Social Security and DDS employees and have an indepth knowledge of how the system works) at their hearing, which can absolutely improve their chances of winning.
About 60% of all disability denials that occur at the first two levels of the system (disability application and reconsideration appeal) are overturned by ALJs when the claimants have legal representation.
Is it ever a good idea to forgo the appeal and simply start all over with a new claim? Rarely. Unless there is some highly significant new medical evidence, a new claim is likely to yield the exact same result as it did the first time around.
There are some exceptions, however. If your initial claim denial was based on a technicality, such as the fact that you had too many assets, or made too much money at the time, then a new claim makes sense (if your financial situation has worsened).
Return to: Social Security Disability Resource Center, or read answers to Questions
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 answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria