Social Security Disability Claims Lawyer in Plano, Texas
Here at the Brad Thomas Law Firm, we understand that having a disability is not easy. As a result of your disability, you can experience a wide array of difficulties, from long-term physical issues and hospital bills to lost wages or trouble maintaining a stable job. Thankfully, our DFW metroplex attorneys are here to help you in your time of need.
At Brad Thomas Law, we serve more nearly fifteen north Texas counties that encompass a number of cities, including but not limited to Collin County, Dallas-Fort Worth, Denton County, Ellis County, Hood County, Hunt County, Johnson County, Kaufman County, Parker County, Rockwall County, Somervell County, Tarrant County, and Wise County.
If you have a disability that prevents you from earning a sufficient income or prevents you from working at all, contact our attorneys in north Texas and learn more about your legal options, which include filing a disability claim. Filing a Texas disability claim can grant you Social Security Disability Insurance to cover your loss of income and more.
Texas Disability Insurance
Filing a claim to secure Texas disability insurance can cover your basic living expenses, such as bills, food, clothing, medical treatments, and housing. This allows you to cover your expenses and any treatments needed to manage your disability. Furthermore, some disability benefits programs will allow you to keep working under certain conditions, while others can provide coverage if you are not able to work at all.
Unfortunately, some individuals may go through the entire disability claims process only to discover, often weeks after the fact, that their application was rejected or postponed. The SSA will send rejected applicants a letter, making it difficult for them to understand why their application was rejected.
Application rejection can happen due to the lack of vital documents provided or as a result of insurance bad faith tactics. On the other hand, a claim could be denied because the person filing simply did not meet the full requirements of the SSA program.
Knowing the SSA’s requirements, the ins and outs of bad faith insurance, and the steps you can take if your disability application was denied can help you secure successful coverage. Throughout this process, we strongly recommend retaining the services of a skilled north Texas attorney.
Working with an experienced social security disability lawyer in Texas is essential as you work to gain coverage. By contacting the Brad Thomas Law Office at (972) 863-2367 for a free, no-hassle consultation, you can learn more about your options or understand more about why your application was rejected. Our legal team can help you explore any legal steps to be taken to secure your disability benefits.
Types of Disability Insurance in Texas
First, all applicants should be aware that there are two main types of disability benefits programs in Texas. These are both federal government programs that are regulated by the SSA, including the social security disability insurance program and the supplemental security income program. Knowing the key differences between these two programs is vital because each of these programs comes with different eligibility requirements.
The SSDI program requires you to have a work history that shows you contributed a certain amount of money to social security for a specific number of years. This can be based on how long you have worked and how much income you earned over that time period. If you live with any family members like a spouse or child, they may also be able to receive disability benefits if they are legally considered to be your dependent.
However, one downside of the SSDI program is that you cannot start receiving your monthly income benefits until six months after your disability has been established and approved by the SSA. We recommend ensuring that you have six months’ worth of savings to cover your expenses in the meantime. Additionally, applicants cannot receive Medicare benefits until two years after the disability benefits start.
On the other hand, the SSI program starts giving you monthly benefits just one month after your disability claim is submitted. This program mainly applies if you are blind, age 65 or older, or you have a disability and your income is low as a result of either of these factors.
Your Texas Medicare program will start as soon as you are deemed eligible for SSI by the SSA. Thankfully, this means less wait time and more disability coverage for applicants.
What Determines SSI Eligibility in Texas?
Since SSI is based on your income rather than your work history, eligibility is a requirement. Your monthly income must be below a certain dollar amount or salary threshold. If your monthly income is too high, you will be deemed ineligible for the SSI program. If you have questions about qualifying for this program, be sure to ask a social security disability attorney at Brad Thomas Law Office for more information. We are here to help you understand the full extent of your benefits and your options.
If you’re interested in other options, there are private disability insurance programs in Texas. Each of these may come with different requirements and benefits, so contact an attorney as soon as possible to learn more.
What Factors Make Your SSD Claim More Likely to be Approved in Texas?
There are many factors that will play a part in whether or not an SSD claim gets approval. The primary factors that make getting an SSD claim more likely to get approved will involve the claimant’s current medical condition. It will also involve things such as the degree to which the claimant is not capable of performing tasks. A claimant’s age is also a factor. The older the claimant is, the easier it becomes to win cases. If the claimant has a limited education, this can also be a good determinant.
It also depends on the type of employment skills a claimant has. If the claimant has no skills, it will become much more difficult for them to find work, therefore, making it more likely that they will be found to be disabled.
Can I Receive SSDI and SSI Benefits Simultaneously?
Many people wonder if they can receive both SSDI and SSI benefits, and the answer is yes, you can. Known as concurrent benefits under the SSA, the only catch to receiving both is the eligibility for concurrent benefits. To qualify for these benefits, you need to meet the requirements for the SSDI program and your monthly payments from the program must be lower.
Furthermore, to ensure that you remain enrolled in the SSI program, your income must remain under a certain level that is determined by the SSA. In other words, to qualify for both the SSI and SSDI programs at the same time, you need to have:
- An adequate work history that shows you’ve paid into social security.
- A monthly income that does not exceed a certain amount determined by the SSA and the Texas government.
If you have questions about these factors, please contact our Texas disability attorney at Brad Thomas Law Office to determine if you are eligible for one or both programs.
Who Qualifies for Disability Benefits in Texas?
The SSA has specific requirements for those who qualify for disability benefits. Seeking eligibility for the SSI or SSDI program in Texas means you will need to submit the needed documents, be prepared to fill out certain information on the application forms, and collect specific types of evidence, depending on the type of disability you have. Though it may seem easy, this process can be tedious and confusing at times, which is why it’s essential to retain an attorney who specializes in social security benefits.
For starters, you should be aware that the SSA has a very precise definition of what qualifies as a disability under their program. The SSA only covers physical or mental disabilities that will last at least one year or diagnosed disabilities that lead to early death. These disabilities must be significant enough to impair your ability to work the same number of work hours or to work at all. However, if you do not meet this specific definition of a disability, you have the option to have the SSA reassess your residual functional capacity.
Residual functional capacity is a way of assessing whether you can perform the same tasks as you were able to perform before your disability started or was diagnosed. As a result, you are given a second chance if your disability did not meet the standards of the definition initially. However, this assessment will also determine if you can do other types of work to make a living, which may or may not lead to disability benefits.
What Do I Need For a Disability Insurance Application?
Evidence is vital when it comes to saving time during the disability benefits application process, and meeting all the requirements is important as well. You should be prepared to answer questions about your work history, basic information, your disability, and your medical history. The evidence you will need will revolve around your disability and involve the medical records of your disability provided by your doctor.
Some of the most common documents required for a strong disability benefits application include:
- Objective Medical Evidence: This includes results of lab tests, an official medical diagnosis by a doctor, and recorded symptoms or signs of your disability by a medical professional.
- Medical Opinions: Any statements made about your disability by a medical professional. These statements are usually about how your disability limits your functioning and ability to work or perform certain tasks.
- Non-Medical Sources Evidence: Any additional evidence not gathered from a medical professional.
- Prior Administrative Medical Findings: Medical findings from the past that were found by a medical or psychological/psychiatric consultant.
Social Security List of Impairments in Texas
Many applicants want to know more about the disabilities covered by the SSA. You can find all this information in the SSA Blue Book, on the SSA government website. The SSA Blue Book includes adult and child listings of disabilities, along with all the requirements for each disability.
Different disabilities are associate with separate requirements concerning medical evidence and limitations or symptoms caused by your disability. Common medical conditions included in these listings for adults and children include disorders related to the:
- Immune system
- Cardiovascular system
- Neurological system
- Endocrine system
- Digestive system
- Mind (mental illness or related disorders)
- Respiratory system
- Special senses or speech
If you have questions about whether or not you qualify for disability benefits, you should speak with a qualified social security attorney in the DFW metroplex as soon as possible. Our legal team may be able to assist you in getting the benefits that you need to live
How to Get Approved For Disability Fast in Texas
Most applicants may not have heard of the fast-track way to obtain disability benefits in Texas. A program exists that automatically qualifies people with certain disabilities if all the requirements are met. These programs can save you time and money when you find yourself in a desperate situation. If you need disability benefits as soon as possible, consult a Dallas, Texas attorney to learn more.
The two fast-track disability benefits programs offered by the SSA are the Compassionate Allowances program and the Quick Disability Determinations program. These programs utilize a quick screener for the most severe disabilities and automatically qualify you for benefits if you meet all the criteria. Some examples of severe disabilities that quality you are:
- Brain disorders
- Certain types of cancer
- Uncommon childhood medical disorders
- Genetic diseases, like X-Linked Lymphoproliferative Disease
- Dementia-related disorders, like Parkinson’s Disease
- Cardiovascular disorders
Similarly, the QDD screens people using computerized technology to determine if they meet certain criteria. This screener works by identifying people with disabilities that are more likely to qualify for benefits, as well as people who are more likely to have the necessary medical evidence available in a timely manner.
What Are Bad Faith Disability Insurance Tactics?
Unfortunately, disability benefits programs can be guilty of bad faith insurance tactics. Being aware of bad faith insurance tactics in Texas is important for protecting yourself from unfair decisions. In layman’s terms, bad faith is simply the opposite of good faith, which is a standard that requires insurance companies to be honest and fair in their decisions regarding clients.
You have been affected by bad faith insurance if you faced:
- Confusing technical jargon causing you to agree to something you did not understand.
- A denial of your claim or a delay of your disability claim for insufficient reasons, or denial despite submitting a sufficient amount of evidence and meeting all the requirements.
- Various excuses to delay your claim.
- Biased consultative examinations of your disability.
If you suspect that any of these bad faith tactics were used against you to wrongfully deny or delay your disability claim, reach out to the Brad Thomas Law Office as soon as possible to get your questions answered. In some cases, you may be able to sue for punitive damages, consequential damages, and legal fees incurred as a result.
What to Do If Your Social Security Disability Case is Denied
There are four main levels of appeals with regard to SSA benefits. The first level is reconsideration, a phase where your claim is reviewed by a different SSA reviewer to see if there was any possible bias during the first review. You can submit new evidence during this phase.
A hearing by an administrative law judge is the next phase and involves a hearing in court or online where you can argue why your disability claim was wrongfully denied. If your disability claim is still denied, you have the third option of requesting a review by the appeals council.
Disability claims denied during the appeals council phase will go into the last phase, known as Federal Court Review. This involves filing a civil lawsuit in federal district court. Negotiating this process and ensuring you complete all the steps correctly will be smooth and stress-free if you’ve retained an experienced disability lawyer in Texas. A social security lawyer will review the facts of your case and act as your liaison to make sure you receive your benefits in a timely manner.
Contact a North Texas Social Security Disability Attorney
Whether you have questions about Texas social security benefits, need help with the disability benefits application process, or find yourself with a rejection letter from the SSA, attorney Brad Thomas can help you in your time of need.
Keep in mind that a large number of applicants do not have their disability claims approved in the initial phase. In fact, many people have to go through the social security disability appeals process to have their claim accepted. The claims process can be daunting or frustrating for applicants, but it’s important to know that you do not have to face these obstacles alone.
At the Brad Thomas Law Office, our legal team understands how challenging this whole process can be. We are dedicated to working with you to help you attain the benefits you need to secure your financial future. Please reach out to the Brad Thomas Law Office today at (972) 863-2367 for your consultation to discuss your SSD rights in north Texas to explore your options.