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Submitting Your Appeal for Disability
When you first apply for Social Security disability benefits, there is a good chance your claim may be denied. Nationally, about two-thirds of initial disability claims are denied. If this happens to you, do not give up. You have the right to appeal, and going through the entire appeals process significantly improves your chances of eventually being approved. A Texas disability lawyer can help through the process.
The Reconsideration Process
The first level of appeal after an initial denial is called a Request for Reconsideration. At this stage, a different disability examiner reviews your entire claim and makes a new decision. They take a fresh look at all the documents, medical records, and other evidence you submitted initially when you applied.
While the reconsideration appeal provides another opportunity to get approved, most reconsideration appeals (around 90% nationwide) are still denied again. So, there is a high probability your claim will be sent on to the hearing level of the appeals process.
Can You Get Disability for Crohn’s Disease?
Crohn’s disease is an inflammatory bowel disease that causes chronic inflammation and damage to the digestive tract. It is not uncommon for people to be unable to complete tasks because of this. Crohn’s is considered a disability under Social Security law if severe enough to prevent someone from working. A Texas disability lawyer may be able to help you if your condition prevents you from doing work-related tasks.
What Qualifies as Disabled Under Social Security?
To get Social Security disability benefits for Crohn’s disease, your symptoms must prevent you from working and be expected to last at least one year. Specific criteria the Social Security Administration (SSA) uses to evaluate digestive disorders like Crohn’s disease include:
- Number of bowel movements per day and presence of fecal incontinence
- Side effects from treatments impacting the ability to work
Common Reasons for an SSDI Denial That You Can Fight
Getting denied Social Security Disability Insurance (SSDI) feels disheartening. Understanding why you got denied empowers you to fight the decision with an appeal if the grounds seem unreasonable. It helps to understand some frequently cited SSDI denial reasons that disability lawyers can help dispute successfully. A Texas SSDI lawyer can help you figure out what is causing your denial and how you may move forward.
Failing To Meet Stringent Disability Criteria
Social Security administrators deny claims because applicants do not meet strict SSDI criteria. Specifically, you must prove an inability to perform previous work or adjusted occupations because of a severe, long-term disability diagnosed by acceptable medical evidence
Perceived Potential for Other Work
Social Security officers often deny claims because they believe the applicant could theoretically find other types of work. They may look at someone’s age, past job skills, or education and assume there are still jobs out there they could do despite their disability. However, the reality is individuals’ actual prospects for finding and keeping employment are often overestimated.
What to Do If You Get Denied SSDI When You Have Cancer
Coping with a cancer diagnosis proves physically and emotionally devastating enough without financial constraints compounding hardships. Yet over 60% of initial Social Security Disability Insurance (SSDI) claims from individuals with cancer get denied, jeopardizing income security during treatments. Challenging rejections can often have the potential to appeal. A Texas SSDI lawyer can help with this overwhelming process.
Gather Additional Medical Documentation
SSDI denials for cancer patients frequently cite insufficient evidence confirming diagnoses, treatment regimens showing condition severity, or doctor statements explicitly stating cancer prevents working full-time. Before appealing, request detailed reports from oncologists, surgeons, hospitals, and therapists clearly conveying ongoing care necessity, side effects impairing daily function, and inability to maintain employment during illness battle.
How to Prepare for Your Social Security Disability Hearing
Navigating the Social Security disability process can be incredibly stressful and confusing. However, thoroughly preparing for your disability hearing is one of the most important things you can do to help your case and improve your chances of being approved for benefits. The hearing is your opportunity to present all the evidence to the judge that shows how your medical condition prevents you from working. A Texas lawyer can help with the hearing process.
Gather Evidence to Support Your Claim
When preparing for your hearing, gathering strong medical evidence to support your claim is vital. This means collecting records from your doctors, therapists, psychiatrists, and other providers showing your medical conditions, symptoms, test results, treatments tried, and functional limitations. The judge will use your medical records to evaluate if your condition meets the Social Security Administration’s (SSA) criteria for approval. Also, gather records related to your work history, such as performance reviews, accommodations requested, and personnel documents showing issues like missed time.
Tips for First-Time SSDI Filers in Texas
Navigating the Social Security Disability Insurance (SSDI) application process for the first time can seem confusing and daunting. Knowing what to expect and following tips will help your Texas disability claim get off to the right start. Knowing what to expect can help you get more potential out of your case, and a Texas lawyer can help.
Understand the Process
Be aware that the SSDI process involves multiple steps, including an initial application, reconsideration if denied, and potential hearings before an administrative law judge if appealed. It can take many months to reach a final decision. Have patience and stick through all levels for the best chance of success.
Gather Extensive Medical Records
Social Security needs thorough documentation of your disability, including doctor’s notes, test results, imaging scans, treatment history, prescription lists, and hospitalization records. Get copies of all records related to your conditions from all providers. Complete medical evidence is vital for the success of your case.
Tips for a Successful Social Security Disability Application in Texas
Applying for Social Security Disability Insurance (SSDI) benefits in Texas involves extensive record gathering, thorough completion of complex forms, and understanding the program’s stringent disability criteria. A Texas lawyer can help you with improving your odds of approval on an initial SSDI claim.
Understanding SSA’s Strict Disability Standard
The key to eligibility is proving you meet Social Security’s strict definition of disability. You must show that you have one or more medical conditions that render you unable to engage in substantial gainful work activity.
Your disability must be expected to last at least 12 continuous months or result in death. Any symptoms must match Social Security’s detailed listing of qualifying impairments and meet their severity criteria. Thoroughly researching the guidelines, definitions, and qualifying conditions ensures you claim disorders that meet SSA criteria.
What to Do When Social Security Denies Your Disability Claim
Finding out your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim has been denied can be devastating. However, working with an experienced Texas lawyer to appeal the decision offers real hope. Many initially rejected applicants ultimately get approved for benefits. There are several steps to take.
Understand Your Appeal Options in Texas
You have 60 days from the denial date to request an appeal for reconsideration. You can request a hearing with an administrative law judge if that is denied. If still unsuccessful, the final options are an Appeals Council review and federal court. You should be aware that appeals can take over a year in Texas.
Be Sure to Have Additional Medical Evidence
A top reason for denials is the lack of satisfactory medical documentation of your disability. A lawyer can help obtain detailed records, evaluations, and opinions from your doctors that prove you qualify under Social Security’s criteria. New evidence significantly strengthens appeals, which can help improve your chances.
SSDI Claim Denials for Mental Health Conditions in Texas
Many applications for Social Security Disability Insurance benefits based on mental health conditions like depression, anxiety, schizophrenia, and bipolar disorder are initially denied in Texas.
Working with a Texas lawyer who understands the most common reasons for denial and strategies to overcome them through an appeal is essential for eventually securing approval.
Eligibility Criteria for SSDI Benefits
To qualify for SSDI disability benefits from the Social Security Administration, strict criteria must be met. First, the individual must have a diagnosed mental illness that is expected to last for over 12 months or potentially result in death.
The mental health impairment must prevent the person from being able to maintain substantial gainful employment. Onset of the disabling condition must have occurred prior to the claimant reaching full retirement age as defined by the SSA.
Do I Need a Lawyer to Apply For Social Security Disability in Texas?
Many people wonder if hiring a disability attorney is necessary for applying and qualifying for Social Security Disability Insurance (SSDI) benefits in Texas. Technically, anyone can apply for and potentially receive SSDI in Texas themselves without legal representation. However, having an experienced Social Security disability lawyer assisting your case is almost always highly advantageous and is especially crucial if your initial disability application gets denied.
Guidance Navigating the Initial Application Process
While it is possible for claimants to try completing the SSDI application forms and process themselves, the application procedure is notoriously complicated. An attorney well-versed in Social Security procedures can provide invaluable assistance in properly completing all needed paperwork, providing adequate medical records, getting physician statements, and describing how your condition prevents you from working. Having strong legal guidance from the very start of an application makes being approved on the initial application much more likely.
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