in texas what are the chances of getting approved for disability with a lawyer

by Jerry Huel 3 min read

Claimants who have Social Security representation in Texas tend to have a higher likelihood of being approved, generally need to file fewer appeals, and often have more favorable "dates of onset" (the date the disability is proven to have begun) resulting in higher amounts in back pay benefits.

Learn More: Appealing After A Denial
StateInitial Approval Rate
South Carolina65.6%
South Dakota77.6%
Tennessee69.3%
Texas65.1%
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Full Answer

What are the odds of my disability application being approved?

Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good. According to the Social Security Administration (SSA), the disability approval rating at the initial application stage is roughly 36%. That means 6 out of every 10 applications for disability benefits will be denied.

Do I need a lawyer to apply for Social Security disability?

Obtaining disability benefits can be complicated, but an experienced SSD lawyer can help you when applying. Consider the Good Law Group for your representation – call (847) 577-4476.

Is it harder to prove that you're disabled if you work?

Even if you're earning under the allowed amount, it can be much harder to prove that you're disabled if you're doing any work. But Social Security's claims examiners and judges also appreciate a long employment history, so being out of work for a long time might be a problem as well.

What are the chances of a disability claim being denied?

That means 6 out of every 10 applications for disability benefits will be denied. Approval ratings do, however, increase for cases that are appealed. More than 50% of individuals who appeal an initial denial to an administrative hearing, for example, have their applications approved.

How easy is it to get disability in Texas?

In Texas, in 2018/2019, 33% of disability applicants were approved after the initial application was filed, compared to about 35% nationally. At the first level of appeal, the reconsideration, the Texas DDS approved 13% of claims.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What is the hardest state to get disability?

OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

What percentage of disability is denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

What conditions are automatically approved for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

How do you survive while waiting for disability approval?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

What are the top 10 disabilities?

What Are the Top 10 Disabilities?Nervous System and Sense Organs. ... Intellectual Disabilities. ... Circulatory System. ... Schizophrenic and Other Psychotic Disorders. ... Other Mental Disorders. ... Injuries. ... Organic Mental Disorders. ... Neoplasms. Finally, the 10th top disability comes from neoplasms.More items...

How many times can you be denied Social Security disability?

Even if you are denied social security disability 3 times you may be able to appeal or submit a new application.

What is the average time to get approved for disability?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

Is it hard to get disability for anxiety?

It can be difficult to bring a claim for disability benefits on the basis of anxiety or depression because the evidence used to support the diagnosis is based on subjective criteria. Objective measures, like an X-ray or a blood test, cannot tell your doctor what you are thinking or feeling in your day-to-day life.

How many people get legal assistance without a lawyer?

Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.

What to do if your disability application is denied?

If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.

What factors affect the turnaround time for disability?

Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.

How do I apply for SSDI?

First, some background on the procedure of applying for SSI or SSDI: After you submit an application, the Social Security Administration (SSA) will start out by deciding whether you meet the financial and/or work-history requirements. If you don't, you'll receive a nonmedical, or "technical," denial. If you advance to the next stage, a disability examiner will then put your application through a five-step medical evaluation. (For more details, see our articles on technical disability denials and the SSDI/SSI determination process .)

Can you prove you are disabled if you work?

Even if you're earning under the allowed amount, it can be much harder to prove that you're disabled if you're doing any work . But Social Security's claims examiners and judges also appreciate a long employment history, so being out of work for a long time might be a problem as well.

Do you need to see a doctor before applying for disability?

Clearly, you should see a doctor or other medical professional in order to create that evidence. One-third of our readers said they had not seen a doctor or other medical professional in the year before they applied for disability.

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

How much can you earn on disability in 2020?

For 2020, that means being able to earn more than $1,260 per month, or $2,110 if you are blind ...

How much is a Social Security disability in 2020?

Individuals pay into Social Security by working certain covered jobs, and their earnings are converted into work credits. In 2020, $1,410 in earnings is equivalent to one credit (like SGA, the amount changes annually).

How long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

How many work credits do you need to be disabled?

For example, if you were disabled at age 29, you need four years of work history and 16 credits. 31 to 42 years old: You need a minimum of 20 work credits,

Can an attorney approve a disability application?

Although no attorney can guarantee that the SSA will approve your application for social security disability benefits, some factors push the odds of approval in your favor.

Is alimony considered income for SSD?

Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes of determining monthly income for SSD purposes. Likewise, you can be ineligible for benefits even if you earn less than SGA. For example, if the SSA finds that you could perform other work, ...

How many times more likely are disability claimants to get an approval than those who did not?

Government statistics are even stronger; a government study found that disability claimants who brought a representative to their hearing were almost three times as likely to receive an approval as those who did not.

How many disability cases are approved?

While only 37% of all initial applications for disability are approved, about 45% of cases heard by administrative law judges (ALJs) are approved (based on national averages for 2019/2020).

What do disability lawyers do?

Disability lawyers know the details of Social Security's regulations and procedures, they help applicants prepare for hearings, and they assist in getting the proper medical evidence to Social Security, three factors that help them win cases.

What age can you get disability benefits?

For example, if someone goes from age 49 to age 50 while waiting for a hearing, they will be bumped up into a category that allows disability benefits more easily. The same is true for ages 55, 60, and 65. (Learn more about medical-vocational allowances .)

Why is disability stronger?

There are several reasons. Sometimes, it is simply because some medical conditions will get worse over time, so that by the time a hearing is held ( which can be up to two years following the filing of the disability application), a disability claim is simply stronger.

Can you age into an allowance before a hearing?

Other times, the passage of time before a hearing causes a disability applicant to "age into an allowance.". For physical disabilities, the medical-vocational rules for considering whether someone is disabled offer a greater chance of disability approval for those over 50. For example, if someone goes from age 49 to age 50 while waiting ...

Reconsideration (And How a Disability Lawyer Can Help)

The next procedural step for that two-thirds of applicants who are denied at the initial level is a process called “reconsideration,” where a different employee of the state’s Disability Determination Services (DDS) agency (not the federal Social Security Administration or SSA) reviews the claim to see if it can be paid.

Disability Hearings (And Why You Really Want a Lawyer)

Nevertheless, the vast majority of reconsideration requests result in a “rubber stamp” confirmation of the initial denial. When this happens, the next step is to request a hearing before an “Administrative Law Judge” (ALJ).

Need Help with Your Social Security Disability Claim?

If you’ve been denied Social Security disability benefits, a North Carolina disability lawyer at Riddle & Brantley may be able to help. Our team is led by attorney Scott Scurfield, a Board-Certified Specialist in Social Security Disability law who has helped hundreds of clients over the years get the benefits they need and deserve.