Winning disability benefits in Texas will depend on several factors and you can improve the chances
The chances of winning Social Security Disability or SSI disability benefits will depend on several factors. The first is simply the level your claim is at. If your disability case is at the initial claim level (meaning you have filed an application), you stand about a thirty percent chance of being approved for benefits and about a seventy percent chance of being turned down for benefits.
If your disability case is at the first appeal level (known as a reconsideration or review), then your chance of being approved for benefits is only about 15-20 percent. At the second appeal level, which is the third step in the Social Security Disability and SSI process, the disability hearing, a claimant has roughly a one in two chance of being approved for benefits (40% of applicants without representation at hearings win their cases and a little over 60% of applicants with representation at hearings win their cases).
A thirty percent chance of winning disability benefits after you've filed a claim may not sound good at all. And it's certainly not, especially since if you are denied at the initial claim, or application, level, you will probably have to go through the lengthy SSA (Social Security Administration) disability appeal process.
How long does this process take? It can, in many cases, take a total of two to three years to get to a disability hearing in front of an administrative law judge and receive a decision following such a hearing. Without any question, most Social Security Disability and SSI disability claimants who are forced to go through the appeals process endure substantial financial hardship.
Common questions about filing for disability in Texas
Can you improve your chance to win disability or SSI benefits?
The answer to this question is, Yes, you absolutely can improve your chance to win Social Security Disability or SSI benefits. And you can chiefly do this by avoiding certain mistakes. One huge mistake is giving up on a claim. Unfortunately, too many disability claimants who receive a denial notice (following their first application for benefits) make the assumption that they will have no better luck if they choose to pursue their claim further. Few assumptions could be more wrong than this. The Social Security Disability and SSI system is actually set up so that claimants will have a better chance of being approved if they continue to pursue their claim.
More on improving the chances of getting disability benefits: What Can I Do to Improve My Chances of Winning Disability Benefits?
How is this? Here's how: seventy percent of disability cases are denied at the basic disability application level by disability examiners. However, a little better than fifty percent of disability cases brought before disability judges are approved. What does this tell you? Well, it tells you several things. For starters, it tells you that the Social Security administration's disability system is inconsistent and somewhat arbitrary. However, it also tells you that if you refuse to give up and instead continue to pursue your claim after your application has been denied, your chances of being approved for benefits will go up.
In fact, the goal of every Social Security Disability and SSI disability claimant should simply be (assuming their initial claim has been denied) to get their case in front of an administrative law judge at a disability hearing.
More on this topic: How do you win Social Security Disability or SSI?
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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