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How to Get Disability with a Back Injury in Texas

Someone wrote in and said that they had sustained multiple back injuries and needed to file for disability. They were wondering how they should start and mentioned that their doctor would be supporting their claim with a letter he was writing. This is what I wrote back.

The first step in Texas is always to get a disability application interview scheduled and attend it. My own personal opinion is to forego the online process. It isn't the the best way of applying because A) you will have questions that the website cannot answer and B) in many instances, a claims rep at a social security office will still need to contact you anyway to get certain questions answered.

For these reasons, filing online isn't really as practical as many people think. The social security administration tries to push the idea of filing for disability online because they have manpower issues, but do yourself a favor and apply in person where you can have the chance to ask questions and get them answered directly.

Now, as to your question, how to get disability in Texas, I will tell you that the decision on your claim will be based on whatever functional limitations are indicated in your medical records and it's great that your doctor is willing to supply a statement on your behalf.

However, the doctor's statement does not guarantee that you will be awarded disability. This is for a couple of reasons.

First, the disability system does not give proper credence to the opinions of treating physicians at the lower levels (disability application and reconsideration) as compared to the hearing level where a judge presides. Second, most doctors do not supply statements that are helpful.

Your doctor needs to supply a statement that details your functional limitations, not simply a statement that says you are disabled. And for this purpose I would recommend having your doctor complete an RFC form. However, I will warn you that even solid RFC forms are sometimes effectively ignored by disability examiners.

So, you may wish to consider the fact that you may be in the position of having to ask your doctor to complete an RFC form on your behalf at the initial claim level and, if you are denied, later at the disability hearing level.

Having said that, its still not a bad idea to get a completed RFC form submitted when you file your initial claim. Just be aware that it may not carry as much weight as it might at a hearing, if a hearing becomes necessary.

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

Related pages:

Can You Collect Social Security and Disability At the Same Time in Texas?
How to Get Disability with a Back Injury in Texas
Is there a short term Social Security Disability Benefit in Texas?
What is SSI Disability Pay Based On in Texas?
What Should you say to the Social Security Disability Doctor at a CE in Texas?
Reasons for Social Security Disability Cases Being Denied in Texas
Mental Disorders and SSD (Social Security Disability) and SSI in Texas
How long after you are approved for disability do you have to sign up for medicare in Texas?
What does Social Security Disability consider a Mental Impairment in Texas?
Should your Doctor determine if you get Social Security Disability or SSI in Texas?
Doctor Records and the Texas Social Security Disability Hearing
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