Confused by the Social Security Disability process?

Don't let the complicated disability evaluation process keep you from receiving your rightful disability benefits.

Let our disability attorney handle your Social Security Disability claim for you.

There are two types of Social Security disability:

• Social Security Disability Insurance (SSDI) and
• Supplemental Security Income (SSI)

Both are handled through the Social Security Administration (SSA). The medical requirements for both programs are identical, but each program has different nonmedical requirements.

The SSA evaluation process includes five stages of consideration:

The Initial Application—may be made on line or in person at one of the SSA field offices. Because of the complexity of most cases and the growing backlog of cases, the initial application can take three months or longer. In Texas, approximately 63% of claims are denied at the initial application stage.

Reconsideration—if your initial application is denied, within 60 days of the denial, you can ask SSA to reconsider your claim. The rate of denial of claims in Texas at the reconsideration stage is approximately 82% and will take approximately three additional months or longer

The Administrative Law Judge (ALJ) Hearing—if your reconsideration is denied, within 60 days of the denial, you can ask for a hearing before an ALJ, where you or your representative can present your claim directly to the fact finder. Currently, in Texas, just getting a hearing scheduled can take 9 to 14 months. The ALJ may take approximately 45 to 90 days to issue a ruling, but approximately 50% of claims heard by ALJs are approved.

Appeals Council—if the ALJ denies your claim, your last administrative opportunity through the SSA is to appeal to the Appeals Council in Virginia. Few appeals result in a reversal of the ALJ’s ruling.

District Court—if the Appeals Council denies your claim, then your last opportunity is to bring suit against the SSA in Federal Court. Rates of success at this level are very low.

The obligation to prove you are disabled and eligible for benefits under either of these disability programs is yours. You must establish that you are unable to work, as defined by Federal Regulation, have been disabled for at least five months, will be disabled for a continuous period of at least 12 months, and have a sever disability which prevents you from working at any job.

You do not have to have an attorney, but you may need one to help you through the evaluation process. Meeting the nonmedical eligibility can be complicated, but the SSA will usually work you through that evaluation. But proving you meet the medical requirements is another matter. The SSA considers not only your medical evidence but also your age, educational level, and work experience, including whether or not you have work skills transferable to other work. Proving your eligibility can be a daunting task for you. With our experience, we can help you prove your right to benefits and protect you from losing those benefits or from receiving less than you are entitled to receive. We are experienced in helping our clients present their cases to establish their disability under either program and at any level of the consideration process.

Call Dana, an experienced disability attorney, at 713-857-2123 for assistance or fill out the FREE evaluation form on the right and SUBMIT it to us.

Dana Speer

713-857-2123 Direct Line
877-373-5105 Direct Fax