Disability Attorneys in Dallas, TX

To determine eligibility for SSDI or SSI, the Social Security Administration follows this five-step, sequential evaluation process. Determination that you are not disabled at any step will result in the denial of your claim.

• Are you currently working? If you are performing substantial gainful activity (earning above the SGA limit), generally, you will not be considered disabled.
• Is your medical condition severe? Your condition must significantly limit your ability to perform basic work-related activities, such as walking, sitting, standing, or lifting, for a period of at least 12 months.
• Is your condition found in SSA’s Blue Book? SSA maintains a Listing of Impairments (the Blue Book) that are severe enough to prevent you from engaging in gainful activity. If you can establish that your condition meets or medically equals the criteria of a listing, SSA will determine that you are disabled.
• Can you perform the work you did previously? If your condition does not meet or equal a Blue Book listing, SSA will determine whether your medical impairment prevents you from performing any of your past work.
• Can you do any other type of work? If you cannot perform your past work, SSA will consider your age, medical condition, past work experience, education, and transferable skills to determine if you can adjust to other types of work. If you cannot, you will be found eligible for benefits.

Most initial applications for disability benefits are denied. You have a right to appeal the decision. The following are the four levels of appeal:

Reconsideration
If you disagree with SSA’s initial determination, you may file a request for reconsideration. The deadline for filing is typically within 60 days of your receipt of the denial notice.

Reconsideration is a complete review of your claim by a different DDS disability examiner and medical consultant who did not take part in the initial determination. DDS will review all evidence submitted with the original application and any new evidence you provide. Submitting updated medical records, new diagnostic results, and statements from treating physicians that clearly explain your functional limitations is crucial at this stage to address the reasons for the initial denial and strengthen your case. Although most reconsideration requests are denied, this step is mandatory for proceeding to the next appeal level.

Hearing by an Administrative Law Judge (ALJ)
If your claim is denied at the Reconsideration level, you can request a hearing before an Administrative Law Judge. For applicants in the Dallas area, these hearings are generally handled by SSA’s Office of Hearing Operations (OHO) in Dallas. The ALJ reviews the evidence, asks a series of questions about your medical condition, and could call on medical or vocational experts to testify.

This hearing is a non-adversarial process that involves the ALJ (an independent adjudicator within SSA), the claimant, the claimant’s attorney or representative, a hearing recorder or court reporter, and, potentially, a vocational expert (VE) or medical expert (ME), who may appear in person or by telephone or video.

The ALJ will question you under oath about your medical condition, your past work history, and your daily activities. Your attorney will have an opportunity to question you further to emphasize your limitations and to cross-examine any experts. The VE testifies about the physical and mental demands of your past jobs and whether there are any other jobs available in the national economy that you could perform, given the limitations of your disability.

Using the hearing testimony and evidence in your file, the ALJ will determine if you meet the five-step definition of disability. Typically, a written decision is mailed within a few weeks or months after the hearing. This is often the most critical stage of the process when it is essential to have an experienced disability attorney by your side.

Appeals Council Review
If the ALJ denies your claim and you disagree with the decision, you may request a review by the Appeals Council (AC). This is the final administrative level of appeal within the Social Security Administration for disability and other Social Security claims. The main function of the AC is to review decisions made by Administrative Law Judges. It does not hold new hearings or take testimony. Instead, it conducts a paper review of the entire case file, including the hearing transcript, the evidence, and the ALJ’s decision.

The Appeals Council will only review cases for specific reasons. These include abuse of discretion; error of law; action, findings, or conclusions not supported by substantial evidence; and broad policy or procedural issues that may affect the general public interest. The AC can either deny the request for review (the most common action), affirm the ALJ’s decision, or remand the case to a new (or the same) ALJ to correct an error, develop more evidence, or hold a new hearing.

Federal Lawsuit
Once the Appeals Council denies a request for review or upholds the ALJ’s denial, the final appeal option available is to file a civil action in U.S. District Court. The lawsuit is filed against the Commissioner of Social Security. Rather than holding a new hearing, a Federal District Court judge reviews the existing record to determine if SSA, and specifically the ALJ, made a legal error or if the final decision was not supported by substantial evidence.

The appeal is conducted through written legal briefs, in which your attorney argues why SSA’s decision was flawed, and an SSA attorney responds. The federal court’s decision can either affirm SSA’s decision (uphold the denial), reverse SSA’s decision and award benefits (a rare occurrence), or remand the case back to the SSA for a new hearing or further review, often with specific instructions to correct a procedural or legal error. Remand is the most common favorable outcome in federal lawsuit appeals.