Experienced Legal Fight For the Benefits You Deserve
Dealing with the Social Security Administration (SSA) system can be confusing, frustrating, and overwhelming. The process of seeking Social Security disability benefits involves complex forms, medical records, deadlines, and the possibility of denial. If you are struggling to obtain the benefits you deserve, you are not alone. Thousands of people in the Houston area apply for disability benefits every year, and a significant portion of initial applications are denied.
If you have a severe disability that prevents you from working, you need experienced legal advocates on your side. Our team of dedicated disability attorneys at GCC Law Firm is here to help you fight for the benefits you need to maintain your financial stability and quality of life.
Social Security Disability Benefits: How Do They Work?
Administered by SSA, Social Security disability benefits are designed to provide financial assistance to individuals with medical conditions that meet the agency’s strict definition of disability. SSA defines disability as the inability to perform any “Substantial Gainful Activity “ (SGA) due to a medically identified physical or mental impairment expected to last for a continuous period of at least 12 months, or to cause death.
A person may qualify for disability benefits under either of the following two main programs:
- Social Security Disability Insurance (SSDI): For “insured” individuals (those who have worked long enough and paid Social Security taxes), SSDI provides payments based on financial need. The amount of your benefit depends on your lifetime average earnings.
- Supplemental Security Income (SSI): Payments under this program are based on financial need. SSI is for disabled adults and children with limited income and resources. Although you do not need a work history to qualify, you must meet strict income and asset limits.
Our Houston disability attorneys handle claims for both SSDI and SSI. We can assess your situation to determine if you may be eligible for either or both programs.
Reasons Disability Claims Are Denied
The SSA denies most initial disability claims it receives. Thankfully, a denial is not the final answer. Denials could be overturned during the appeals process. Common reasons for initial denial include the following:
- Insufficient medical evidence: Lack of comprehensive, objective medical evidence demonstrating the severity of the condition and how it limits the ability to perform work-related activities is the most frequent reason for denial.
- Working above SGA level: The Substantial Gainful Activity (SGA) threshold changes annually. If you are earning income above that level, SSA will conclude that you are not disabled.
- Incomplete or incorrect paperwork: Incomplete forms, incorrect dates, missing signatures, and other simple administrative errors can lead to a denial.
- Failure to follow medical treatment: SSA may deny your claim if you fail to follow the treatment recommended by your doctors without a good reason for not doing so.
- Condition is too recent or not severe enough: SSA may conclude that the condition does not meet the necessary level of severity or has not lasted the required 12 months.
Our attorneys know exactly what the SSA needs to see to approve benefits. We can help you gather the necessary documentation to present a complete and compelling case.
The Social Security Disability Process
Applying for and receiving disability benefits can be a lengthy process. Having an experienced lawyer by your side from the beginning can significantly improve your chances of success. The process has four stages:
Initial Application
We can help ensure all your application forms are completed thoroughly and accurately, and provide SSA with a clear picture of your disability and work limitations. Our legal team can help you collect the necessary medical evidence, including reports from doctors, hospitals, and clinics. We can help establish the official date your disability began, which is known as the Alleged Onset Date (AOD). This can be crucial in determining potential back pay.
Request for Reconsideration
If your initial application is denied, the first step in the appeals process is the Request for Reconsideration, which is handled by the state’s Disability Determination Services (DDS) office. Our experienced disability lawyers can review SSA’s denial, identify its weaknesses, and submit a strong appeal, which may include new, critical medical evidence.
Hearing Before an Administrative Law Judge (ALJ)
It is common for Requests for Reconsideration to be denied. If that occurs, the next and most critical stage is to request a hearing before an Administrative Law Judge (ALJ). This is your best opportunity to win benefits. ALJ hearings are often held at the Houston Office of Hearings Operations (OHO). We are familiar with the procedures and many of the judges in this office, which gives our clients a distinct advantage.
Our disability attorneys can thoroughly prepare you to answer the ALJ’s questions and to testify confidently about your daily limitations. We will cross-examine witnesses, including vocational experts and medical experts, to ensure their testimony accurately reflects your condition. We can present a compelling legal argument, backed by medical evidence, to prove you meet the SSA’s definition of disability.
Appeals Council and Federal Court
If the ALJ denies your claim, we can continue the fight at the Appeals Council (AC), the fourth and final level of administrative review within SSA for disability claims and other benefit decisions. If necessary, we can file a lawsuit in the Federal District Court. While few cases reach this level, we are prepared to take yours as far as necessary to achieve justice.
Frequently Asked Questions (FAQs) about Social Security Disability Benefits
Is it too late to hire an attorney if I have already been denied?
Immediately after you receive your denial notice is the best time to hire a disability attorney. You must file a written request for consideration within 60 days (although this deadline may be extended if you can show good cause, such as a serious illness or a death in the family, for missing it). Contact us immediately to preserve your right to appeal.
Can I apply for disability benefits if I am not a permanent resident of Texas?
Yes, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both federal programs. You must be a United States resident and meet financial or work criteria. If you are living in the Houston area, the local SSA offices will handle your case.
How long does the disability benefits process take in Houston?
The time varies significantly from case to case. The initial application can take three to six months. The appeals process, which may include waiting for an ALJ hearing, can take well over a year. It is crucial to have strong representation to keep your case moving forward as rapidly as possible.
Choose a Houston Disability Lawyer You Can Trust
While our firm is based in Rogers, Arkansas, we are honored to serve disabled individuals across the country, including Houston and the surrounding communities. We are licensed to practice Social Security law nationwide and routinely represent clients at the Houston OHO.
Our attorneys take the time to understand your unique medical situation and how your disability impacts your life. Our fee is a percentage of your back pay, capped by federal law. If you don’t get paid, we don’t get paid. We appreciate the financial pressure you are under. Let us handle the SSA process so you can focus on your health.
Do not let the complex SSA system stand between you and financial security. If you are disabled in Houston, our attorneys at GCC Law Firm are ready to fight for you. Contact us at 479-391-7818 today for the personalized legal support you deserve.