Your request for a disability claim in the State of Texas has been denied. It will not make the decision easier by knowing that you are not alone. About 70% of such claims in Texas are denied every year. What can you do about the decision? You can – and should – appeal the decision as soon as possible. The Social Security Administration (SSA) allows you just 60 days from the date of denial to file an appeal. An experienced social security disability lawyer can help you file the appeal correctly and quickly.
Help With Disability Claim Appeals
What are your chances that this time your claim will be approved? Your first request was decided by a disability claims examiner at a state DDS (disability determination services) agency. This time you file an appeal for “reconsideration” in your case. Your request is also determined by the DDS agency. If that sounds as though you are once again headed for denial, it turns out to be true about 85% of the time.
However, before total gloom sets in, you should consider a second appeal. Both the initial request and first appeal were considered by a disability claims examiner. Your request for “reconsideration” will be decided by a federal administrative judge, who is allowed a wider field when deciding on these cases. This means you have a better chance of a decision in your favor.
However, if your reconsideration request is turned down, you can ask for a second appeal on your case. This is called a “request for hearing before an administrative law judge.” For both the reconsideration request and the second appeal, you can file in paper or on line. If you have a disability lawyer, he or she should file the appeal.
Request for Hearing Can Take Time
A request for a hearing may be a lengthy process just because it may take a long time even to get a hearing. That often depends upon where you live in the state and/or what office hears your appeal, which is limited by the number of hearing offices. There are two hearing offices in Dallas and Houston and one each in Fort Worth, Rio Grande, and San Antonio. The wait for a hearing date may be at least as long as year, although in some rare cases, it may be granted more quickly.
In a second appeal case, you can explain to a judge just how your disability prevents you from earning what would be regarded as a living wage. For instance, according to social security regulations, your disability must meet these conditions: It must be severe enough to interfere with what are regarded as normal living conditions and that interference affects your ability to work.
Also according to social security regulations, you have the opportunity to be represented by a Social Security Disability lawyer. With such representation, about 60% of all disability denials have been overturned. At the seven Kohm offices in Texas, we understand the laws that can give you the aid and the decision you need and deserve. We have experience in dealing with the technicalities that often allow or reject a person’s request for aid.
The technicalities involved in social security disability cases can be and often are frustrating to most people. These procedures can delay a case for years. However, the process can be made more understandable and much shorter with the help of a Social Security Disability attorney.
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