If you get denied for Social Security Disability or SSI in Texas, you only have a few limited choices
If you get denied for Social Security Disability or SSI in Texas, you only have a few limited choices. However, the choice you should choose, in most instances, is to appeal your denial. This may seem obvious to say. However, it bears noting that many claimants, after receiving a notice of denial on a claim do one of the following: A) they cease to pursue their claim or B) they file a new application for disability instead of filing the appropriate appeal.
Failing to follow up on a claim for disability is a strategic mistake, particularly if the same individual who does this later decides to start the process all over again. Following this path simply mean quite a bit of wasted time. Filing a brand new application for disability instead of an appeal basically means giving up one's appeal rights and, again, it amounts to a significant amount of wasted time since a second application is practically guaranteed to be denied just as the first application was.
The best course of action will nearly always be to file an appeal. The first appeal following the denial of a disability application will be a reconsideration appeal The following links provide information about reconsiderations.
Common questions about filing for disability in Texas
Additionally, it is worth stating that even though most reconsideration appeals in Texas are also denied, approximately 16 percent of reconsiderations are approved. This makes the reconsideration more than just a stepping stone to a disability hearing. There is, effectively, a 1 out of 6 chance of being approved at this level.
So, if you get denied for Social Security Disability or SSI benefits you should probably contact the social security office immediately to request the appropriate appeal forms, or you should file your appeal online. However, you choose to do the apeal, you should not waste any time doing this. The Social Security Administration will allow you sixty days in which to request an appeal and submit your appeal paperwork.
That seems to be a generous amount of time, but an amazing number of applicants fail to meet this deadline and are faced with the prospect of either giving up on their claim or starting over with a new claim. In either scenario, the outlook is not good.
Of course, if you get denied and you have attorney representation, your first call should be to your representative's office. You should do this ensure that they know what is happening on your case (SSA will sometimes fail to notify them of the status of your case) and you should do this to allow them to file the appeal on your behalf.
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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