Texas Disability Lawyer

Disability attorneys help clients navigate the complex process of pursuing disability benefits. The Chermol & Fishman, LLC team can bolster your claim and help you get the disability benefits you need by applying their knowledge and experience. A Texas disability lawyer can help. Contact us today at 469-200-2655.

Disability refers to a physical or mental impairment substantially limiting one or more major life activities. To be eligible for Social Security disability benefits, a person’s impairment must be severe enough to prevent them from performing work for most employers. The specific criteria an applicant must meet depend on the benefits they seek, their financial situation, and their impairment.

Whether you are seeking Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits, the lawyers are ready to assist you. They can help you understand disability eligibility criteria, navigate the application process, gather documentation, and appeal a denial of benefits. 

How can a Texas Disability Attorney Help you?

Filing for disability benefits can be a challenging process. Understanding whether your disability qualifies, the proof you need to provide, and filling out the application correctly is critical to getting your claim approved. Hiring an experienced lawyer can be beneficial during this process.

Your disability attorney in Texas can:

• Evaluate whether you meet the eligibility criteria for disability benefits.
• Gather medical evidence and other documents to support your claim.
• Complete your application for disability.
• Handle all questions and requests for information from Social Security.
• If your claim is denied, represent you in the appeals process.

Skilled legal counsel can help their clients efficiently and effectively file a disability claim. Their guidance can help individuals avoid unnecessary delays or denials due to common errors.

What Disabilities Does a Texas Disability Lawyer Handle?

The team at Chermol & Fishman handles a wide range of disability cases. Various physical and mental health issues can qualify for disability benefits. Specifically, the SSA uses this list of criteria to determine whether a health issue qualifies for support. An important component of the disability evaluation is the level of impairment caused by the condition.

If you suffer from health issues that make it difficult to work, your Texas disability lawyer can evaluate whether you are eligible for benefits. Some common conditions include:

• Cancer
• Heart disease
• Blindness
• Fibromyalgia
• Depression
• Bipolar Disorder
• Anxiety Disorders
• Agoraphobia
• Sleep Apnea
• Anxiety
• ADHD

SSDI and SSI Benefits in Texas

Texas residents may be eligible to receive benefits through Social Security. The United States Social Security Administration (SSA) manages the Social Security program and offers two types of federal disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). 

Social Security Disability Insurance: SSDI provides support to disabled individuals who have contributed to Social Security through payroll taxes. Individuals applying to receive Social Security Disability benefits must meet the work history requirements and have a qualifying disability.

Supplemental Security Income: Supplemental Security Income provides financial assistance to disabled individuals. Applicants do not need to meet work history requirements and must not exceed a certain income threshold to qualify. 

Not sure whether you’re eligible to receive benefits? Consulting with a disability lawyer in Texas can help.

How to Apply for Disability in Texas?

Unfortunately, applying for and receiving support can take months. The exact process will depend on your situation and the type of support requested.

In general, you will need to take the following steps:

1. Determine your eligibility: The first thing you will need to do is determine whether or not you are eligible for SSDI. A Texas disability attorney can help you assess your eligibility for these programs.
2. Prepare your documentation: Next, you will want to gather the required documents. Several documents must accompany your application and are needed to complete the required forms. These documents include your birth certificate, Social Security number, medical records, work history, and information from your medical providers.
3. Complete the application: Once you have the required documents, you can complete the necessary forms and file your application. It’s important to provide accurate information about your disability, work history, and medical treatment. Incomplete or inaccurate applications can cause delays or lead to denial.
4. Submit supporting evidence: Evidence of your disabling condition must accompany your application. This includes medical records, test results, and documents from healthcare providers about your disability and its impact on your ability to support yourself.
5. Get a medical evaluation: After receiving your disability claim, the SSA may request a medical evaluation to assess your disability.
6. Wait for Social Security’s decision: After Social Security has received all of your information, they will review your application and determine if you qualify for disability benefits. A decision from the SSA can take several months.

What Happens if My Disability Claim is Denied in Texas?

Depending on the reason your claim was denied, you may be able to reapply for benefits, apply for different benefits, or appeal the denial. When your claim has been denied, the first thing your attorney will need to ascertain is the reason for the denial. This is essential for determining next steps. 

You can reapply for benefits at any time as long as you do not have another claim open. Reapplication may be a useful strategy if you missed the deadline to appeal or if your condition has worsened since your prior claim.

If my Application is Denied, can I Appeal?

Yes. If your claim is denied, you can appeal the decision. You have just 60 days from the date of the notice to appeal the SSA’s decision.

Several levels of appeal are available, including:

• Reconsideration: The first step is to request the SSA to reconsider your application for benefits. 
• ALJ Hearings: If the SSA denies your appeal, you can appeal to an administrative law judge (ALJ) to review the decision.
• SSA Appeals Council review: If the ALJ affirms the denial of benefits, you can appeal that decision to the Appeals Council.
• Federal court appeals: Once all administrative options are exhausted, you can take your appeal to the federal courts for review. 

Your disability lawyer can help you understand your appeal options and the appropriate steps to take with your benefits claim.

Who Can Apply For Disability Benefits In Texas?

Applying for disability benefits in Texas is a long and sometimes confusing process. In general, monthly SSDI support is available to individuals who are not able to work for a year or more because of their disability. Applicants may find it challenging to understand the criteria and requirements.

There are two main inquiries to qualify for disability: whether you are disabled and your work history. 

• Disability Determination

Social Security makes a disability determination based on whether or not a person can “engage in substantial gainful activity (SGA).” The SSA considers a person engaging in gainful activity if they earn more than a specific monthly amount. If your health issue prevents you from participating in SGA, you may be eligible to receive disability benefits. 

If you’re uncertain whether you may qualify for Social Security assistance, ask yourself the following questions:

1. Am I currently working?
2. Is my condition serious and disabling?
3. Is my condition found on the SSA’s list?
4. Can I do the work I used to do?
5. Can I do any other type of work?

• Work History Requirement

An important difference between SSDI and SSI is the work history requirement. To receive SSDI, you need a certain number of work credits. Work credits are earned and are based on your annual income. A working individual can earn up to 4 credits each year. 

Calculating the number of qualifying work credits can be complicated. The exact number of credits you will need depends on your age and when you became disabled.  

Unlike Social Security Disability, SSI does not require a work history, and eligibility is based on a person’s financial resources. This means that there is a monthly income and/or resource limit.  

Assistance from a skilled Texas disability attorney may help. Your lawyer can assess your health and financial situation and help you determine whether you qualify for SSDI or SSI. In the event your application is denied, your lawyer can guide you through the appeals process. 

Need Legal Help? Contact a Texas Disability Lawyer Today!

Are you applying for a disability? Perhaps your disability claim was denied? The experienced Texas disability attorneys at Chermol & Fishman, LLC can help. We can guide you through the process, explain Social Security’s requirements, help prepare your application, and gather evidence to support your claim. If your application is denied, our Texas disability lawyer will help you through the appeal process.

If you are struggling to receive benefits for your disability, the skilled disability attorneys are here. We understand the stress that applying for Social Security assistance can add to your situation. Contact us today if you are applying for benefits or your claim was denied.