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

Qualifying for disability in Texas at a hearing



 
Continued from: Eligibility and qualifying for disability in Texas

According to recent statistics published by SSA, of all applications for Social Security Disability that were decided at the hearing level, 76 percent resulted in an allowance. Statistics show that applications for both SSD and SSI had an allowance rate of 55 percent. These statistics were for all classes of applicants including disabled workers, disabled adult children, and widowers and widows.

In Texas, the hearing approval rate varies from 40% (the Houston Bissonnet hearing office) to 42% (the San Antonio hearing office), to 47% (the Houston North hearing office), to 50% (the Dallas downtown hearing office), and to 52% (the Dallas North hearing office).

As one can see, the odds of winning at a disability hearing in Texas are a bit lower than in the nation at large, and lower than in many other states. For this reason, of course, it becomes even more important for a person filing for disability in Texas to be fully prepared by the time they get to a disability hearing.


Common questions about filing for disability in Texas
Texas disability hearings

The process of reaching a decision at a disability hearing is arguably the same as with the intial claim or reconsideration appeal. That's because the same system of rules and eligibility requirements is in place. Once again, the decision-maker, this time a judge, must determine if a claimant meets a listing.

Note: See If the person filing for disability meets the listing, can the judge still deny benefits?

If they do not, the judge will determine if the claimant is incapable of returning to their past work. If so, are they incapable of doing some type of other work? If that is true, the judge may approve the case.

However, there are differences between the hearing and the first two levels, the application and reconsideration appeal.

1. While an examiner does not meet the claimant, the judge will see the claimant and their representative (who may be an attorney or non-attorney representative) at the hearing (unless the claimant is scheduled for a video hearing which the claimant has the right to decline).

2. Social Security will not gather any medical evidence for the case. So, this means that the last evidence in the case file will be from the reconsideration appeal, meaning it will be many months old. Since Social Security cannot approve a case without recent medical evidence, it will be incumbent on the claimant or their representative to obtain records from recent medical visits and submit them to the judge.

3. While disability examiners routinely ignore the statements provided by a claimant's own doctor at the application and reconsideration levels, judges give them credence if they are in line with the claimant's other medical evidence. Thus, a doctor's statement in the form of a medical source statement can help qualify a case.

4. At the first two levels, examiners make their decisions in a vacuum. But at the hearing, the judge will ask the claimant questions. The disability attorney or representative may also ask questions. If the judge has elected to have a medical expert or vocational expert present at the hearing, the attorney may ask questions of that individual.

The goal at the hearing, whether the claimant is represented or not, is to show that, based on the available evidence, the claimant no longer possesses the ability to work and earn a substantial and gainful income, either at their past work, or at some type of other work. Doing this will require showing that the medical evidence demonstrates that enough functional limitations exist as a result of the claimant's condition, or conditions, so as to make work activity not possible.








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

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?



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.