Income-replacement benefits are available to people with short-term or permanent disabilities.Social Security Disability Insurance and Supplemental Security Income are programs administered by the SSA.Texas only administers the federal programs while other states administer state benefits.
Step 1: Find out who is eligible.
You must have a disability to be eligible for federal benefits.You have to be unable to engage in substantial gainful activity for at least a year.SSA considers an individual disabled if they can't do the work they did before.They can't adjust to other work because of a medical condition.The disability is expected to last at least a year or be fatal.
Step 2: Understand how benefits are administered.
Texas's Division for Disability Determination Services makes eligibility determinations for disability benefits that are funded by the federal government.Individuals apply for Social Security benefits at their local office, and their applications are forwarded to the DDS for a disability determination.SSA makes the final decision to grant or deny benefits.
Step 3: You should calculate your benefits.
The amount of SSDI benefits you can receive depends on how much you paid into the Social Security system.The federal government establishes monthly payments for SSI.The maximum amount of SSI an individual may receive each month is $713.Click here to view the SSI federal payment amounts.
Step 4: Information should be gathered.
You will need to provide the following information to SSA: your date and place of birth, as well as your Social Security number, information about your current spouse, and any former spouses.
Step 5: Find the necessary documents.
You will need a number of documents to apply for benefits.If you were not born in the United States, you should have a birth certificate.
Step 6: You have to complete an application.
You can apply online or in person.You can use the SSA's office locator system to find your nearest SSA office.SSA has a toll-free number that you can call.SSA's website can be used to fill out an online application.
Step 7: If there is a request for a medical examination, undergo it.
Your application will be sent to a Disability Specialist after you apply for the benefits.If the Disability Specialist needs more information about your disability, you may be asked to have a medical exam.When little evidence supports the claim of injury or when sufficient time has elapsed since you have seen a doctor, exams are often scheduled.The exam will be brief.You should take the exam.If you decline a medical exam, a Disability Specialist can close your file and deny your claim.You will be allowed to change your mind if you miss the exam.
Step 8: Wait benefit determination.
Within 120 days, disability claims are decided.If you are scheduled for a medical examination, the process may be longer.The Disability Specialist will make a decision after the medical examination.retroactive disability benefits will begin if you are determined to be disabled.You may appeal if your claim is denied.You will be sent a denial letter if you are denied.Save this.It will have important contact information as well as information about appeals.
Step 9: Reconsider.
Reconsideration is what you should do if your claim is denied.A DDS representative will review your claim.Contact the Social Security Office if you were denied your claim.You only have 60 days to request a new hearing.Call and request the reconsideration paperwork after you receive your denial letter.Updating medical records, statements from treating physicians, and a reason why you think your claim should be approved are some of the things you might want to provide.The success rate is very low.Reconsideration is a necessary first step that will allow you to appeal to an administrative law judge if you have legal representation.You can appeal if the second DDS representative denies your claim.
Step 10: Request an appeal hearing.
You must request a hearing with an administrative law judge if you want to appeal a denial.You have 60 days to request an appeal in Texas.You need an attorney at this point.The appeal paperwork will be filed by the attorney.In Texas, the average wait time for a hearing is 8 months.
Step 11: You can hire an attorney or SSA advocate.
Depending on the nature and complexity of your case, it may be beneficial to consult with an attorney or advocate.Advocates are either lawyers or non-lawyers.Getting legal representation may help you get your claim approved.At this level, more than half of cases are won by an attorney or advocate.Attorneys and advocates are working on contingency.If you win the appeal, you won't pay any fees.You will still have to pay for things like the cost of mailing or requesting medical records.The costs should be around $200.If you win, the attorney will front the costs and the amount will be deducted from your benefits.You will be billed if you lose.Only 25% of the award of past-due benefits can be collected by attorneys and advocates.You can find an attorney through the Texas Bar Association.You can use a web browser to search for a disability lawyer.Your consultation should be free because attorneys in this field work on contingency.
Step 12: Prepare for the hearing.
Disability hearings are conducted by an administrative law judge.The administrative law judge must determine if you have a disability based on SSA laws.Your attorney will need to gather documents and prepare to share them with the court.It is possible that you will need another medical exam.It is not possible to make a claim unless you have recent medical records.
Step 13: Attend the hearing.
If you have a severe medical impairment, the judge will review your medical records.For a year or more, the impairment must qualify as a disability.If an impairment meets SSA's list of impairments or prevents you from engaging in work that will produce substantial, gainful income, it qualifies as a disability.