Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

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

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

If your claim for disability benefits is turned down, you can file an appeal with social security

The first level of appeal in Texas is called a request for reconsideration appeal, and, in the processing of it, your state disability determination services (DDS) agency (the same agency that evaluated your initial claim) will review your medical information and decide if the original disability examinerís decision should be upheld.

Not surprisingly, the majority of reconsideration appeals are unsuccessful; DDS does not typically overturn a disability examinerís decision unless some obvious mistake has been made. Nationally, though statistics vary between states and from year to year, about 85% of all reconsideration appeals are denied.

Itís still smart to file a reconsideration appeal though, because it keeps your claim alive and moving through the disability determination process (if your first appeal fails you are entitled to a second appeal, a hearing before a federal disability judge). Itís true that most requests for reconsideration are denied; then again, some of them are approved.

Hereís what you can do to improve your reconsideration appealís chances of approval:

1. If you have any new medical evidence, be sure to point this out when you submit your appeal. Be sure to include names and addresses of any new medical facilities from which youíve received treatment, as well as the results of any recent tests that might help bolster your claim; i.e., MRIs, X-rays, CT scans, pulmonary functioning tests, mental exams, etc. Remember that filing the exact same claim with DDS is likely to yield the exact same results, and this is why you should nearly always file an appeal versus starting over with a new claim. Also, regarding the filing of a reconsideration appeal, or any appeal, if you have something helpful to add to the record you should take the opportunity to do so.

2. If you can get copies of your most recent medical records, submit them with your reconsideration application. Not only will this ensure that social security bases its decision on the most up-to-date information in your case, but it may help you receive a decision in your case sooner than you might otherwise. Many disability decisions are delayed simply because the disability examiner has trouble getting the treating physician or facility to comply with a request for medical records, because without relevant medical records the disability examiner is unable to make a decision in your case.

3. Be sure to file your reconsideration appeal as soon as you receive notice that your Texas disability claim has been denied. Itís best to send your reconsideration appeal in to social security as soon as possible after receiving your notice of denial. Your appeal must be filed within 60 days of the date that social security informed you it turned down your claim (this date appears in the top-right corner of your notice of denial).

You are allowed a 5-day grace period for mailing, but donít procrastinate. Many reconsideration appeals are, in effect, turned away because they come in to the social security office past the 60-day deadlineóeven one day late, and you will have no choice but to start all over again with a new claim. Meaning months of wasted time that you can ill afford.

Return to:  Social Security Disability Resource Center, or read answers to Questions

Related pages:

Is it difficult to get an approval for SSI Disability in Texas?
How often will my disability claim be reviewed in Texas?
Do You Get Medicare Or Medicaid From Social Security Disability in Texas?
Does Social Security disability have a Time Limit for Receiving Benefits in Texas?
If you are on social security disability or SSI disability in Texas should you try to work?
If You get Disability Benefits in Texas, will Your Dependents get a Check?
What if you get Disability Benefits in Texas and move to another state?
If My Doctor Gives Me a Letter Will I Get Disability in Texas?
If I Get Social Security Disability in Texas Will They Cut Off My Benefits Later?
Can I Get Disability in Texas if I Have Not Worked Before?
If your Texas disability claim is turned down, you can file an appeal with social security
Who is eligible for Social Security Disability or SSI Disability in Texas?

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 provide answers to basic questions about pursuing disability benefits

What to Prove to Qualify for Disability Benefits
Applying for disability benefits, SSI and SSDI
What Disabilities Qualify for SSI and Social Security Disability?
How does back pay for Social Security disability work?
Social Security Disability And SSI Qualifications
Permanent Disability Qualifications for SSD and SSI
Status of your social security disability or SSI case
Disability lawyer representation, finding lawyers
What is qualifying for disability based on?
How to qualify for disability, qualifying for Benefits
Qualifications for Disability Benefits
How long does it take to get disability after applying?
Disability application, how to file in Texas
Texas disability requirements
Eligibility and qualifying for disability in Texas
What are the qualifications for disability in Texas?
Will I Qualify For Disability Benefits in Texas?
Getting a Texas disability lawyer, attorney, or advocate