How Do I Know If I Would Qualify For Social Security Disability in Texas?
Posted: Friday, October 19th, 2018 at 12:14 am
How Do I Know If I Would Qualify For Social Security Disability in Texas?
If you live in the state of Texas and you’ve ever wondered if you would qualify for Social Security disability, you probably know how hard it can be to find out that information. Lengthy searches online only uncover a wealth of information that can be difficult to sort through. While it is best to hire an attorney to help you with these matters, there are some things that are important to know. Here are some of the ways in which you could qualify for Social Security disability in Texas.
Definition of Disability
First, you must qualify under the definition of disability in the state of Texas. You must prove that your case can satisfy the social security definition of disability, in other words. This definition states that you must have an impairment that can be medically determined and that such impairment is severe. However, this vague definition is only the beginning. The rest of the points following this will illustrate what that definition of disability, as per the social security definition of disability in Texas, requires.
Severe
As mentioned above, your condition must be severe. For example, a headache is not considered severe, chronic migraines might be. A sprained ankle is not a severe condition, but a serious break maybe. The more documentation you were medical provider can offer, the better you will fare in court. Your lawyer will also know more about your classification from a legal standpoint and can help you craft a case that is more likely to be successful then it would be if you decided to go it alone.
Assessment by Disability Examiner
Having a medical professional say that your condition is severe can go a long way to help you make your case. However, that alone is not enough. Each case that goes before Social Security administrators is assigned a disability examiner. That disability examiner will review the evidence and examine you to see if your condition is, in fact, severe. This determination is what the rest of your case hinges on, so the evidence you bring to court with you is often more important than simply having a doctor classify you as having a severe condition.
One Full Year
The disabling condition that you have has to last for at least one full year in order to qualify for Social Security disability in the state of Texas. You don’t have to be out of work or disabled for a year before you apply, though. It just means that the medical evidence must show that the condition will be disabling for an entire year. This requirement can sometimes be ambiguous, because different doctors might come up different reasonings or decisions as to whether or not your employment will in fact last for an entire year. Ambiguities like these are more proof that you should bring a disability attorney with you when you make your case.
Prevented From Working
In addition to the other requirements above, the Social Security definition of disability in the state of Texas also requires that the limitations of your condition impede you from working. In other words, the condition you have most directly disable you from being able to work in order for you to qualify for disability. It also states that even if you can work a little bit, if you can’t engage and work at the level that would earn you minimum income sufficient to live on, you also qualify. As per previous requirements, this inability to work must also exist for one full year.
Severe Unto Death
This requirement might sound harsh, but the definition of disability under Texas State Social Security standards also requires that your condition be severe enough that it may possibly result in death. This is another area where ambiguity comes into play. For instance, if a blind person walks into traffic because they don’t have a guide dog does that mean blindness is potentially fatal? Does the condition itself have to lead to the fatality, or can conditions surrounding the illness lead to fatality? Whether or not it has to be in medically fatal condition is often up for debate. Again, don’t try to argue this alone. Hire a qualified disability attorney in Texas to help you navigate the legal system and advocate for your rights.
No matter which legal issue is on the table, having an attorney at your side is always an asset. Don’t try to argue for your own rights. The law is intentionally written to be confusing and difficult for the average person to navigate. That’s why law school exists. Get started today by hiring an attorney or asking for a consultation. Only a qualified and experienced disability attorney in the state of Texas can help you make the case for your disability qualification. Obtaining a consultation is your first step on the road to protecting your health and your future.
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