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

Starting an appeal on a disability claim in Texas



 
To start an appeal on a Social Security Disability or SSI claim in Texas, all you really have to do is contact the Social Security Office. Ideally, you should contact the social security office where you filed your application. Contacting a different SSA field office is not necessarily problematic in and of itself, but you probably want to keep the process as simple as possible.

Appeals can be done online. And if you have representation, the likelihood is that the indvidual representing your disability claim (either a disability attorney or a non-attorney disability representative) will file your appeal forms online. However, if you file the appeal paperwork yourself, you have the option of submitting paper forms or using the online process.

If you file the appeal online, you can print a copy for yourself for your records. If you choose not to use the online process, after you contact the SSA office and notify them you want to start an appeal on your SSDI (Social Security Dsability Insurance) or SSI claim, you should receive a packet in the mail with the appropriate appeal forms. These forms will allow you to indicate any recent medical treatment, new doctors who have treated you, and changes in your disabling condition, as well as any new conditions you may have to report.

If you have a Social Security Lawyer, of course, you should have this individual file your Social Security Disability or SSI appeal for you. For a disability representative or attorney, this is simply part of the routine and, ideally, your lawyer should do this for you simply to ensure that the appeal is done properly and, just as importantly, timely.


Common questions about filing for disability in Texas
Getting the appeal done on-time

One of the most important things to remember when doing an appeal for disability is this: do the appeal timely. SSDI (Social Security Disability insurance) and SSI appeals have a sixty day deadline, from the date of the denial, and the last thing you want to do is miss your dealine to file your appeal timely.

If your miss your appeal deadline, you will, most likely, have to start all over with a brand new SSD or SSI disability application. If you have a valid reason for submitting a late appeal, such as a medical or family emergency, you may be able to qualify for good cause (basically, this means you are granted an excuse for submitting the appeal beyond the deadline), but it is completely up to SSA as to whether or not they will grant this.

Of course, if you have a lawyer or representative handling your claim, they should receive a copy of your disability claim denial around the same you receive your copy (usually, the lawyer will get a copy within 3 days of the claimant receiving theirs). And this fact usually ensures that the appeal will be done on time. But even so, it's a good idea to call your lawyer as soon as you find out you have been denied just in case the lawyer's office does not receive their copy of the notice.

The appeals you are mostly likely to file in Texas

While there are ten prototype states in which an individual who has been denied may immediately file a request for a disability hearing, in Texas the first appeal following the denial of a disability application will be something known as a request for reconsideration. As the articles above indicate, most reconsideration appeals are also denied. The second appeal that follows this appeal is the one involving a Social Security hearing in which a federal ALJ, or administrative law judge, makes the decision on the case.

Information to submit on the appeal

When you submit the request for the second appeal, which is the request for a hearing, there is not necessarily much value in indicating your most recent medical treatment. This is because it will generally take over a year to get a hearing date scheduled. By the time a person actually gets to a hearing, they will, most likely, have received additional treatment.

Generally, the manner in which a judge becomes aware of a claimant's most recent treament is by A) obtaining the most recent medical records and sending them to the hearing right before the hearing or B) allowing the individual representing the disability claim at the hearing to do this. Most representatives will attempt to get all the updated records that are available and most will also attempt to get a solid supporting statement from at least one of the claimant's treating physcians.

On the reconsideration appeal, however, a claimant or their representative, should indicate any additional medical treatment that has been received at the time of filing this appeal. This is important to do because without this information the reconsideration-level examiner may decide to send the claimant to a Social Security medical examination, or simply conclude that the evidence already gathered in the file is sufficient to make a decision (assuming these records are not older than 60 days).








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.