Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

Advice and tips for trying to Win and get approved for Social Security Disability or SSI benefits in Texas



 
Having to file a disability claim for either Social Security Disability or SSI benefits in the state of Texas is no easy matter, though it should be. In a recent year, approximately 32 percent of all individuals filing for either SSD or SSI were denied at the initial claim level, i.e. on a disability application that was filed at a local Social Security office and then processed by a disability claims examiner at DDS (disability determination services, the agency that makes decision on claims for the Social Security Administration).

Ideally, if a person is unable to work and sustain themselves due to their condition or various conditions, the system should be set up so that an applicant's records can be quickly gathered and evaluated and a decision can be made.

But that would be ideal. The reality is that, for most disability claimants, their claim will be denied at the basic disability application level and, to eventually win SSD or SSI, they will have to go through the social security administration's appeal process. The majority of claimants will find that they will have to find a lawyer in Texas who specializes in SSD and SSI or non-attorney disability representative (you can be represented by either, and you are not required to have representation if you decide to go without), particularly if the case goes to the level of a hearing before an administrative law judge.

This process is one of the most drawn out and exasperating experiences that a person can go through. And not only is it exasperating, it is financially damaging and medically disadvantageous. How so? Well, it is not unusual at all for disability claimants to lose their savings and find themselves in danger of losing their home. And many claimants who are still waiting on a a disability appeal have already lost their health insurance, making it extremely difficult to obtain quality medical treatment of any kind.


Common questions about filing for disability in Texas
Considering the situation that many applicants for Social Security Disability or ssi may face, it would be best to try to avoid certain mistakes and look for ways to possibly speed up a case. So, here are a few pieces of advice with regard to that end.

1. When filing a claim, try to do so in person at a local SSA field office. At the very least, do this over the phone. In either case, you will be able to speak with an SSA claims representative. If you use the online process, something that SSA highly promotes, you will not have the chance to ask direct questions about the process of filing. You will also not have the chance to file for SSI which does not have an online process currently. A claims rep may help you to properly indicate what your onset date is (when your condition became disabling) and may also help ensure that you list all of your conditions, small and large.

2. Make sure that when you apply for disability in Texas, you remember to submit complete information about your history of medical treatment and your work history for the 15 year period prior to becoming disabled. SSD and SSI decisions are usually made as "medical-vocational" decisions, meaning that your age, functional limitations, work experience, and education will be figured into the determination of whether you can A) go back to your old job and B) if you can find some type of other work to perform.

The accuracy of the information you provide includes the following: where and when you received treatment, what type of treatment you received, job titles, good descriptions of what was done on any job you worked. Failing to give good descriptions for jobs you have held puts you in the position of having your work history misidentified, which can have an impact on your case, possibly leading to a denial when the case should have been approved.

3. Consider reviewing your medical records before you even file for disability. There are occasions in which individuals have assumed that their treating physicians were more supportive in their office notes...than actually turned out to be the case. You may even wish to consider speaking with your doctor(s) to see if he or she would be willing to support your case with a medical source statement submitted on your behalf.

4. If you are applying for either SSI or Social Security Disability, do not assume that you will receive a decision on your claim for several months. In fact, do not assume that your claim will be processed within any deadline cited by the Social Security office. The truth is simply this: there are no deadlines that apply to disability cases and timeframes that are routinely cited by SSA employees are only speculative estimations based on averages. Often, these average timeframes are fairly close on the mark, but, often, "averages" can be very misleading and not particularly helpful. So, don't count on them, particularly when it comes to planning your finances around them. You may get a decision on your social security or ssi claim in one month, four months, or more than six months, but there will be no way to forecast exactly how long the decision will take.

5. Though approximately 30 percent of initial claims are approved in Texas, this still means that the majority of claims are initially denied. Figure this into your financial planning when you file a claim for disability benefits. The unfortunate reality is that most individuals will have to file one or more appeals.

6. If you have access to regular medical care, make sure that you go. Even if your condition is such that you have reached MMI, or maximum medical improvement, you should continue to be seen by a medical treatment source at least once every 2 months. Why should you do this even when your doctor tells you that your condition will not be subject to improvement? Because disability claim approvals are based completely on a review of your medical records. And not only that, SSDI (Social Security Disability insurance) and SSI approvals can, in most cases, only be made when an applicant's medical records indicate that their condition is currently disabling according to SSA criteria.

The information obtained from medical records demonstrates essentially two things. The first is that you meet the definition of disability used by SSA and are currently disabled. The second is how far back you became disabled so that A) your back pay amount can be determined and B) the commencement of your medicare eligibility can be determined (this applies to SSDI, not SSI which involves medicaid instead of medicare).

For this reason, current objective medical record documentation is of the utmost importance, meaning that regular doctor/hospital/clinic visits should be maintained.

7. If you have any way to reduce your outgoing bills at the time you begin your disability claim, try to do so. Many applicants for Social Security Disability and/or SSI benefits are absolutely stunned when it becomes apparent just how long a claim can take in Texas. And too many claimants wind up in the position of no longer being able to make the payments on a second car that, perhaps, should have been sold months before a disability application or appeal was begun. If you can rid yourself of excess monthly financial obligations when you enter into the SSA disability process, do so to avoid financial and monetary complications later.

8. If you receive any type of correspondence or letters in Texas from either the social security office, disability determination services, the hearing office (the office of disability adjudication and review), make sure you open it, read it, and understand it. This is crucial because certain letters sent from these agencies will require that a claimant perform a particular action by a certain date. For this reason, if you receive a written letter from any one of these offices and are not exactly certain what the letter means (or is asking you to do), by all means contact the office that sent the letter. You may feel slightly embarassed about asking what the letter means, but, as the saying goes, it is far better to be safe than sorry. And this is doubly true when it come to Social Security Disability and SSI benefit claims.

9. If your claim is denied, get a Social Security Disability lawyer or a non-attorney Social Security Disability representative (many non-attorneys are former employees of the Social Security Administration, or are even former disability claims examiners who made decisions on cases for years and, therefore, know intimately how the system actually works). And the reason for this is simple. If a claims for either SSD or SSI disability is turned down or denied, the person applying for benefits will, most likely, eventually have to have their case heard at a disability hearing by a federal judge. And a hearing is not something an applicant for disability benefits should consider going to unrepresented.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

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Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

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New and featured pages on SSDRC.com

Who can help me file for disability?




General information

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?





These pages provide answers to basic questions about pursuing disability benefits

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

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?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.