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Texas Attorney for Social Security Disability Benefits

Texas Attorney for Social Security Disability Benefits: Get the Help You Need

If you or a loved one is struggling to secure Social Security Disability (SSD) benefits in Texas, you're not alone. Many applicants face delays, denials, and overwhelming paperwork when filing for benefits. Whether you are applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), having an experienced attorney by your side can significantly improve your chances of success.

At Heritage Law Office, we help individuals navigate the complex Social Security Disability system, advocating for their rights at every stage. Contact us by using our online form or calling 414-253-8500 for legal assistance.

Understanding Social Security Disability Benefits

The Social Security Administration (SSA) offers two primary disability programs:

  • Social Security Disability Insurance (SSDI) - Available to individuals who have worked and paid into the Social Security system through payroll taxes.
  • Supplemental Security Income (SSI) - Designed for individuals with limited income and resources, regardless of work history.

To qualify for either program, you must demonstrate that your disability prevents you from performing substantial gainful activity (SGA) and is expected to last at least 12 months or result in death.

Key Differences Between SSDI and SSI

Feature SSDI (Social Security Disability Insurance) SSI (Supplemental Security Income)

Eligibility

Based on work history and Social Security taxes paid

Based on financial need (low income and assets)

Work Requirement

Yes, must have earned sufficient work credits

No work history required

Monthly Benefit Amount

Based on past earnings

Fixed federal amount (may vary by state)

Medical Requirements

Must meet SSA's definition of disability

Must meet SSA's definition of disability

Income Limits

No strict income limits, but working above SGA can disqualify

Strict income and asset limits

Health Insurance

Eligible for Medicare after 24 months of benefits

Eligible for Medicaid immediately

Common Disabilities That Qualify for SSD Benefits

The SSA maintains a Listing of Impairments that includes medical conditions automatically considered disabling if certain criteria are met. Common conditions include:

  • Musculoskeletal disorders (e.g., arthritis, spinal injuries)
  • Cardiovascular conditions (e.g., heart disease, chronic heart failure)
  • Neurological disorders (e.g., multiple sclerosis, epilepsy, Parkinson's disease)
  • Mental health conditions (e.g., depression, schizophrenia, PTSD)
  • Autoimmune diseases (e.g., lupus, rheumatoid arthritis)
  • Cancer and other severe illnesses

Even if your condition is not listed, you may still qualify if you can prove your disability prevents you from working.

The SSD Application Process in Texas

Applying for Social Security Disability benefits in Texas is a multi-step process that can take months or even years. Here's what to expect:

1. Initial Application

  • You submit an application online, by phone, or in person at a local Texas Social Security office.
  • Provide medical records, work history, and other supporting documents.
  • The Disability Determination Services (DDS) reviews your claim.

2. Reconsideration

  • If denied, you can request a reconsideration within 60 days.
  • A different examiner reviews your case.

3. Administrative Law Judge (ALJ) Hearing

  • If reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ).
  • This is your best chance to present your case with legal representation.

4. Appeals Council & Federal Court Review

  • If the ALJ denies your claim, you can request an Appeals Council review.
  • If necessary, your attorney can take your case to Federal Court.

An experienced Social Security Disability attorney in Texas can strengthen your claim, prepare you for hearings, and fight for the benefits you deserve.

How a Texas Social Security Disability Attorney Can Help

How a Texas Social Security Disability Attorney Can Help

Filing for Social Security Disability benefits can be overwhelming, and many applicants face unnecessary delays or denials due to incomplete paperwork, lack of medical evidence, or procedural errors. An attorney can make a significant difference in the outcome of your claim.

1. Assistance with Initial Application

  • A lawyer ensures that your application is complete, accurate, and supported by strong medical evidence.
  • They help you gather necessary documentation such as medical records, work history, and physician statements.
  • An attorney can identify potential issues before submission, reducing the likelihood of a denial.

2. Managing the Appeals Process

  • If your initial application is denied, an attorney will handle your reconsideration request and work to correct any deficiencies in your case.
  • They ensure that all necessary deadlines are met and that additional medical evidence is submitted if needed.
  • A lawyer can help craft a compelling argument proving that you meet the SSA's criteria for disability.

3. Representation at the ALJ Hearing

  • The Administrative Law Judge (ALJ) hearing is often the most critical stage of the disability claims process.
  • Your attorney will prepare you for the hearing, helping you understand what questions may be asked and how to effectively present your case.
  • During the hearing, they will cross-examine vocational and medical experts to challenge any unfavorable testimony.

4. Taking Your Case to Federal Court if Necessary

  • If your case is denied at the Appeals Council level, an attorney can file a lawsuit in federal court on your behalf.
  • They will draft legal arguments, present relevant case law, and advocate for your right to benefits in court.

Contact a Texas Social Security Disability Attorney Today

If you are struggling to secure Social Security Disability benefits in Texas, an attorney can provide the legal support and guidance you need. Whether you are applying for the first time or appealing a denial, Heritage Law Office is ready to help.

📞 Call us today at 414-253-8500 or fill out our online form to schedule a consultation. Let us fight for the benefits you deserve!

Frequently Asked Questions (FAQs)

Frequently Asked Questions (FAQs)

1. What is the difference between SSDI and SSI?

Social Security Disability Insurance (SSDI) is available to individuals who have worked and paid into the Social Security system through payroll taxes. In contrast, Supplemental Security Income (SSI) is a needs-based program for individuals with limited income and resources, regardless of their work history.

2. How long does it take to get approved for Social Security Disability benefits?

The approval process varies, but initial applications typically take 3 to 6 months. If denied, reconsideration can take another 3 to 6 months, and an Administrative Law Judge (ALJ) hearing may take over a year due to backlog. The entire process can sometimes take two years or more if appeals are necessary.

3. What medical conditions automatically qualify for Social Security Disability?

The Social Security Administration (SSA) maintains a Listing of Impairments that includes conditions that automatically qualify if specific criteria are met. These include heart disease, cancer, severe neurological disorders, autoimmune diseases, and mental health conditions. However, even if your condition is not listed, you may still qualify by proving it prevents you from working.

4. Can I work while applying for SSD benefits?

You can work while applying for Social Security Disability benefits, but your earnings must remain below a certain limit set by the Social Security Administration, known as Substantial Gainful Activity (SGA). If your earnings exceed this limit, it could affect your eligibility for benefits. It's essential to understand these guidelines clearly to avoid jeopardizing your application.

5. Do I need an attorney to apply for Social Security Disability benefits?

You are not required to have an attorney, but having legal representation significantly improves your chances of approval, especially if your case requires an appeal. An attorney can help with paperwork, gather medical evidence, and represent you at hearings to present a strong case.

Contact Us Today

For a comprehensive plan that will meet your needs or the needs of a loved one, contact us today. Located in Downtown Milwaukee, we serve Milwaukee County, surrounding communities, and to clients across Wisconsin, Minnesota, Illinois, Colorado, California, Arizona, and Texas.

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