Texas Disability Benefit

The State of Texas has made financial and medical provisions for its citizens who suffer with severe disabilities. However, in order to qualify for these benefits, there is a designated method of application that must be followed and a tough prerequisite standard to meet.

Government Support of the Disability Benefit

• The Texas Disability Benefit gives financial support to qualifying severely disabled citizens of Texas. It is provided by the Division for Disability Determination Services (DDS) and funded by the Social Security Administration (SSA).

  Anyone applying for the benefit must send their application to the DDS, though the Social Security Administration carries the responsibility of determining who qualifies for the disability insurance or supplemental security income. The SSA makes final determination for benefits in Texas and all states.

Sponsored Disability Programs

• There are two disability programs sponsored by the SSA; Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI). These programs are designed to help boost a person's income if she becomes unable to work due to severe physical or mental disability. Many people can qualify for both programs.

  The SSDI is a benefit that is available for workers who have paid Social Security tax, usually through employment deductions. This disability program covers workers and their families with financial support when they or someone in their family becomes disabled.

  The SSI is a program available to lower income families and what a person owns or has as a means is looked at when determining qualification. Those people with lower financial means would qualify for this benefit when their income suffers because of impairment. This program supplements the lost income or incurred expenses when a person becomes disabled. The SSI program covers both adults and children.

Defining Disability

• According to the Social Security Administration, the benefits for disability cover a person who is officially and totally disabled and not able to work. It does not pay benefits for the purpose of partial disability or for short-term disability.

  The SSA determines who qualifies for the disability benefit by following the Social Security rules and concluding from medical evidence that the applicant cannot return to their formal line of work, and that they cannot do any other kind of work due to their disability. It must be established that the disability of the person will last beyond a year and / or that it can result in death.

How to Apply For Disability Benefits

• People who want to apply for disability benefits can request forms either online at the government site or by looking up Social Security Benefits under Government Offices in the blue pages of the telephone directory. They will be required to fill out the forms and submit them to the personnel at the Social Security office, who in turn forwards them to the Department of Assistive and Rehabilitative Services, (DARS), Division of Disability Determination Services in Austin, Texas.

  The forms must be completed by the applicant or by a guardian for the applicant and must describe their condition and explain how it prevents them from working. They will need to provide the names, addresses and telephone numbers of the doctors who have treated them and list the kinds of treatments and the dates they received them. Applicants are also required to authorize a release document to the SSA giving the SSA permission to examine all medical information of applicants.

The Process

• A disability examiner at DARS will review the forms and speak with all the medical contacts that are listed on the form. The doctors then verify the conditions, treatments and diagnosis but have no decision in determining if the person is disabled. That decision is made by a state agency team and the disability examiner in conjunction with their own medical consultant.

  The decision can be based solely on conclusive evidence in the medical reports submitted by the applicant's doctor or doctors. However, if the examiner believes that more evidence is needed to support the claim, she will arrange for a further medical examination that will be paid for by the SSA.

  The examiner then reviews all the evidence with the medical consultant including the severity of the condition, when it began and how long it is expected to last, and gives consideration to how this disability affects the applicant's ability to work in relation to their age, education and work experience. Together, they decide if the applicant qualifies for disability benefits. Their decision will be forwarded to the Social Security Office and the applicant will receive a letter from the SSA regarding their decision.

Benefits

• Those who qualify for SSI will get their monthly checks and begin to receive Medicaid as soon as the application is approved.

  The SSDI send their first monthly checks out after a five-month waiting period, and applicants begin to receive Medicare benefits under this plan after receiving checks for two years. The applicant will continue to receive the benefits as long as the disability remains, and as a follow-up to their decision, the Social Security Administration will do periodic reviews to keep their records updated.

How to Appeal a Negative Decision

• If the applicant is denied disability benefits due to insufficient evidence to prove otherwise, the applicant may appeal the decision by contacting the Social Security Administration Office and requesting that they be reconsidered. They will be issued appeal forms and once they are completed, these forms will be forwarded to the Disability Determination Services for a final decision.

  If further medical evidence and/or examiners still fail to qualify the applicant, she can take legal action and schedule a hearing before a law judge, have the decision reviewed by an Appeals Council or file a lawsuit in a federal district court.