Texas Social Security Disability Law

Social Security Disability Law in Texas

Residents of Texas affected by a disability due to an inability to work have the option to pursue Social Security Disability benefits with the Social Security Administration. Individuals with debilitating disabilities can contact a field office, call the toll-free number or arrive in person to start the application process for disability benefits.

The Evaluation of Disability in Texas

The person that suffers from a disability in Texas will undergo a basic eligibility evaluation to determine if he or she has the necessary criteria for Supplemental Security Income or Social Security Disability Income. The agency will send the file to the Texas' Disability Determination Services offices for assessment. The DDS is another section of the Department of Health and Human Services and will work together to evaluate the case file for eligibility with SSDI. The examiner of the claim will work through the review and any relevant medical details in the file to analyze the connection to conditions that meet the definition of disability in Texas.

The Need to Appeal the Disability Denial in Texas

If the individual receives a denial letter, he or she may need to appeal the decision because of an eligible disability condition. The next step in these cases is to seek a reconsideration from the Texas DDS. The request may also proceed through a denial. At that point, the person may need to request a hearing with an administrative law judge for consideration. This ALJ will hear the case with the Social Security's Office of Hearing Operations to further assess the case. The individual may need to offer new information or provide copies of the original details to the judge.

Connection to Other Assistance in Texas

Assistance programs for state supplements in funds, insurance coverage and other provisions are available in Texas to the person that is unable to acquire SSI or SSDI. However, the state may not provide more aid if the person does receive these program funds. Medicaid and Medicare are often possible if the person is over the age of 60 or has an eligible condition. Nursing homes, facilities and health programs can also give assistance for the individual based on the need and availability. The disabled person can seek shelter or food aid as well.

SSDI and Remaining Funds

If the individual must live in an assisted living facility, nursing home or location that takes payment from the SSI or SSDI, he or she may usually only keep up to $30 each month after the remaining provides for the situation. The individual may not have any remaining funds when the money pays for insurance, medication or food. Shelter, clothing and smaller living expenses are usually part of the facility that takes from a Medicaid program or the SSDI directly. The elderly person may also have other funds coming from a retirement account that increase the available money.

SSI or SSDI in Texas

In the standard procedure involving the Social Security Administration giving monetary assistance, the application usually only receives SSI for the need to supplement the income the person has or SSDI when he or she has a relevant and serious disability that causes a significant lack of working in the state. The individual may lack the means to acquire gainful employment because of a sickness such as a disease or an injury that affects the body and prevents working to the point of paying bills. The disability usually has a classification in the SSA's records such as blindness or the loss of a limb. These cases make the eligibility of acquiring benefits less difficult to process.

SSDI and Medicaid in Texas

No matter who the person is, he or she can receive Medicaid either with SSI, after a certain age or when receiving disability benefits and eligible. This may require additional factors such as not acquiring over a certain set range of income each month or an inability to obtain gainful employment in the state. This person can use Medicaid to supplement medical coverage and assist with the living situation. It is important to contact the Administration to determine if the disabled person is eligible and can receive Medicaid in conjunction with SSDI when there is a great need for the program's assistance.

Texas and Federal Disability Programs

When the person is eligible for disability benefits, he or she can also qualify for both Texas and federal programs attached to these situations. These include Medicare, Medicaid, Supplemental Nutrition Assistance Program and the SSDI or the SSI attached. This provides the individual with additional money, insurance coverage, facility support or living aid. When SSDI does not give enough to pay for food, SNAP can also support the household. The Medicare or Medicaid program is a vital part of supporting the person when he or she has a disability and needs even more support than what the SSA offers.

Classification of Disability in Texas

For eligibility of SSDI benefits in the state of Texas, the applicant must have a qualifying disease, condition or injury. Generally, the SSDI benefits will continue if this person is unable to continue working, has a permanent disability or a condition that is either chronic or debilitating. Certain forms of cancers, conditions that cause blackouts or seizures and injuries that remove access to gainful employment classify the person as disabled in Texas under normal circumstances. These applicants usually have a more serious condition such as stage IV cancer, traumatic brain injuries, genetic disorders or rare illnesses.

Types of Disability in Texas

Individuals affected by a condition or an injury are usually either temporarily or permanently disabled. Additionally, the person can face a partial or complete disability that affects the body. This can lead to continued monetary support for the condition or a need to reassess after a certain number of months or years passes. The person with a permanent disability may only face a review that is swift and does not change anything. However, if the person's disability is no longer as serious or the condition gets better, he or she may no longer qualify for the SSDI benefits.

Disability Vocational Rehabilitation in Texas

The disabled person can seek vocational rehabilitation to start working in a new industry when the injury or condition prevents returning to the previous job. The SSA will determine if this person has an impairment first, if it is substantial and is an impediment to gainful employment and if it is possible to establish services that can help this person return to the workforce with training or education. The requirements may need to assess the skills and knowledge of other industries that can provide possible jobs for someone with new vocational rehabilitation completed.

The Disability Review in Texas

The Social Security Administration that grants disability status to the individual will reassess the situation in the future for improvement, changes or a need to withdraw monetary support. This is through a review of the case. The awards may not remain in place if the applicant lies about the improvements or other matters connected to the disability. An agent usually connected to the original claim will determine if the condition is temporary, if it is disabling enough for benefits and will also provide a timeframe for a review in the future based on the factors of the case.

The Longstanding Disability in Texas

The administration awards SSDI benefits to the individual affected by the disability based on the assumption that it will remain longstanding and is complete. The review of the claim usually occurs every few years based on this assumption and the possibilities of improvement. If the person can eventually get better through treatment or medication, the SSA may withdraw from the person and cancel the SSDI benefits after a review claims it is necessary. However, many reviews will lead to no change because the disability condition is longstanding and will remain a problem for the person for years or the rest of his or her life.

SSA Impairments for Disability in Texas

There are over 100 conditions and impairments that the SSA use to determine if an applicant is eligible for disability benefits. These are usually disabling, crippling or can prevent the person from any type of work in the state. The blue book from the Social Security Administration lists these issues in different categories such as immune system impairments, genetic disorders, musculoskeletal problems, respiratory diseases, cardiovascular defects and neurological problems. Someone with a lack of one sense such as sight or sound can acquire SSDI depending on the situation. Mental illnesses that can include crippling depression is sometimes possible as well.

The Three Categories Involved in the Disability Review in Texas

The individual suffering from the disability usually is part of one of three categories that will determine when the review will occur. The first is an improvement of the condition which is likely. The disability can get better and the person can recover after a certain time frame. The next is that improvement of the condition is possible where there is a chance that with the right circumstances this individual can get through the issue and return to the workforce at some point. The last is the unlikely event of recovery where no recovery is possible as deemed by the SSA.

Time for the Disability Case Review in Texas

While the review is already given to the person based on one of the three classifications, the type or degree of possible improvement usually states when a review will occur. The for possible improvement or a likely outcome of the condition getting better, the review of the case may occur at some point in the next three years. However, this could decrease to only several months after receiving SSDI. The possible improvement classification leads to a review every three years depending on the condition. And the condition without likely improvement usually occurs every seven years or more based on the issue.

Getting SSDI Approved in Texas

It is a matter of reviewing both medical evidence and the person's work history to receive SSDI in the state of Texas. However, there are some tips that can increase the chances of a successful case review. The applicant will need to ensure all available medical documentation is given to the Administration to assess. The more limits the person has with work, the greater his or her chances of gaining SSDI. When giving details about the condition, treatment and medication, the applicant should include the most up to date info possible. Contact information for each involved doctor and hospital is also essential.

Treatment, whether successful or a failure, is another important detail to include in these applications. The individual should state the connection to medication that works and other treatment options that failed to assist the person. The applicant should also ensure the paperwork includes treatment and medical assistance as far back as the condition started. A workup of the history of jobs and service is another important aspect as the SSA will use this to identify any connections to an injury and the job.

What to Avoid after a Denial of SSDI in Texas

It is imperative to continue through an appeal after the person receives a denial letter. This is one action that many will fail to accomplish with SSDI cases. Others will file a new claim rather than an appeal. This is often a mistake because the same outcome is likely because of the same information and details attached to the original claim in the new one. If the applicant has not made an appeal, he or she will usually need to start here. It is critical to meet the appeal deadline and not let it lapse. Then, it is more complicated to get through the appeal. It is also important to seek legal services if necessary. Not seeking legal support can lead to a direct denial letter.

The Legal Professional in the Disability Claim in Texas

The applicant often needs to hire a lawyer early on when filing a disability claim in the state of Texas. The lawyer will know what to expect, can explain the process and the likely outcomes based on details given to the Administration. If the disability is a permanent condition, the chances of eventually acquiring SSDI may increase. The factors of debilitating, disabling and crippling conditions along with the impairment in the blue book can also help with the case. The lawyer will use all relevant details to push the matter through the Administration.

From the initial applications to an appeal for the denial of SSDI benefits the lawyer is an important aspect of disability claims. This legal professional can explain the process, detail what the person will need to submit and when. The lawyer may work through letters or in-person meetings depending on the situation. He or she will also pass on any details given by the SSA and necessary paperwork either needed for the case or required for additional processes. Hiring a lawyer is beneficial to the applicant and can even improve the chances of success in certain circumstances.

Hiring the Disability Lawyer in Texas

The applicant seeking to make a disability claim or to get through a denial of SSDI benefits will often need a lawyer to support his or her case. The legal professional may need to review documentation submitted and explain why the denial occurred and what is missing from their application, such as additional medical details or paperwork that evidences the history of medical treatment in the claim.

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