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Filing for Social Security Disability Benefits in Texas

Written by: Robert A. Kraft

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Posted over 3 years ago. Applies to Texas, 9 helpful votes, 0 comments

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If you are disabled, you may qualify for social security disability benefits. To qualify for these benefits, you will need to submit a disability benefits claim. Whether you are in Texas or any other state, the laws and rules governing social security disability benefits are the same, and are set by the federal government. In fact, the federal government pays the various state agencies to perform the initial work in handling social security disability claims. Unfortunately, the state governments do vary somewhat in their interpretations of the federal rules.

In Texas, the Department of Assistive and Rehabilitative Services, or DARS, handles disability benefits claims. The specific section of DARS involved in social security disability claims is called Disability Determination Services. The Disability Determination Services division handles most of the claims process steps, which are outlined below.

The claims process for social security disability benefits

Here is how the claims process works in Texas. If you believe that you are disabled, you should do the following:

1. File a claim in the normal manner: visit the Social Security Administration site, go to a local Social Security office, or phone SSA toll-free at (800) 772-1213. The hearing impaired can call the SSA toll-free TTY number at (800) 325-0778.

2. After you complete the application, your claim is forwarded to a disability examiner at Disability Determination Services in Texas. When the disability examiner first receives your file, the examiner will review your application forms and then should contact your medical providers to obtain all your current records. The examiner is looking for several things in your medical records, including the following:

Any physical and mental conditions you may have
When each of those conditions began
What medical treatment you received for your conditions
What objective medical tests have been performed, and the results of those tests
How each of your physical and mental conditions has limited your daily activities

3. The disability examiner should then consult with medical professionals at the agency before making the determination as to whether you are disabled. If the examiner does not feel able to make this decision based strictly on the medical records, the examiner can request that you submit to a medical examination paid for by the government.

4. After that, the disability examiner can make an initial decision as to whether you are medically disabled.

5. If the decision is favorable, and if you meet the other qualifications for receiving Social Security disability benefits, payment checks will eventually start coming to you. If, as is statistically more likely, your claim is denied, you have two choices. You can simply accept the denial and give up, or you can request a reconsideration.

Even after a favorable ruling, your file may be selected for review at one of the Social Security Administration's Disability Quality branches. While the stated purpose of these reviews is quality assurance, it sometimes seems that only favorable decisions are reviewed, while denials are presumed to be correct.

If your social security benefits claim is denied

If reconsideration is requested, your file is given to a different examiner at the same agency for a second look. This examiner can request more medical records if necessary. If your claim is denied at the reconsideration level, you again have two choices: accept the denial and give up, or request an administrative law judge hearing. The hearing stage is when your file is actually sent to the Social Security Administration, where it will remain until the conclusion of the claim.

Remember that if your claim is denied, for whatever reason and at whatever stage, you do have the right to keep appealing the decision until you get an administrative law judge hearing. That is when you will have the opportunity to talk with the person who is going to make the decision in your claim, and you can explain your disabilities in your own words to the judge.

Getting help with the claims process

If something goes wrong during your claim, or if you have questions about your claim in the early stages, you can contact the department of Disability Determination Services at (512) 437-8000 in Austin, Texas, or toll-free at (800) 252-7009.

Also, because of the strict deadlines imposed on the appeals process, it can be somewhat risky to handle a social security disability claim without legal representation or advice. If you need help with the claims or appeals process, it's advisable to get help from a lawyer.