Frequently Asked Questions

SSDI is a federal insurance program that provides monthly benefits to workers who have paid Social Security taxes and are now unable to work due to a physical or mental disability expected to last at least 12 months or result in death. The amount you receive is based on your earnings history.

SSI is a needs-based program that provides financial assistance to disabled individuals (adults and children) with limited income and resources. Unlike SSDI, SSI does not require a work history. In Texas, SSI recipients may also be eligible for Medicaid health coverage.

Yes. If your SSDI benefit amount is low and you meet the income and resource limits for SSI, you may receive both benefits simultaneously. This is called a "concurrent" claim. Our attorneys can evaluate whether you qualify for both programs.

The SSA defines disability as the inability to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that has lasted or is expected to last at least 12 months, or is expected to result in death. The SSA maintains a "Blue Book" of qualifying conditions, but you may still qualify even if your condition is not listed.

Qualifying conditions include but are not limited to: musculoskeletal disorders (back problems, arthritis, fibromyalgia), cardiovascular conditions (heart failure, coronary artery disease), mental health disorders (depression, bipolar disorder, PTSD, schizophrenia), neurological conditions (MS, Parkinson's, epilepsy), cancer, diabetes with complications, COPD and respiratory disorders, kidney disease, and HIV/AIDS. Even if your condition is not on the list, you may qualify if it prevents you from working.

You can apply online at ssa.gov, by phone at 1-800-772-1213, or in person at your local Social Security office. However, the application process is complex and errors can lead to denial. We strongly recommend consulting with our attorneys before or during the application process to maximize your chances of approval from the start.

Initial applications typically take 3–6 months. If denied and you request reconsideration, expect another 3–6 months. If you need an ALJ hearing, the wait can be 12–24 months in the Houston area. The entire process from application to ALJ hearing can take 2–3 years. Having an attorney can help ensure your case is as strong as possible at each stage.

The SSA uses a five-step sequential evaluation: (1) Are you working above the substantial gainful activity level? (2) Is your condition "severe"? (3) Does your condition meet or equal a listed impairment? (4) Can you perform your past relevant work? (5) Can you perform any other work in the national economy? Our attorneys know how to present evidence at each step to support your claim.

SGA refers to work activity that involves significant physical or mental activities done for pay or profit. In 2025, the SGA threshold is $1,620/month for non-blind individuals and $2,700/month for blind individuals. If you earn more than this, the SSA will generally find you are not disabled, regardless of your medical condition.

Common reasons for denial include: insufficient medical evidence, failure to follow prescribed treatment, earning above the SGA limit, the SSA determining you can perform other types of work, technical errors in the application, or missing deadlines. Our attorneys can review your denial letter and identify the specific reasons so we can address them in your appeal.

You have four levels of appeal: (1) Reconsideration — a review by a different SSA examiner; (2) ALJ Hearing — a hearing before an Administrative Law Judge; (3) Appeals Council Review; and (4) Federal District Court. You have 60 days from the denial notice to file each appeal. Do not miss these deadlines.

An ALJ hearing is a relatively informal proceeding before an Administrative Law Judge. You, your attorney, and sometimes a vocational expert and medical expert will be present. The judge will ask questions about your disability, medical treatment, and work history. Your attorney will present evidence and arguments on your behalf. Having legal representation at an ALJ hearing significantly improves your chances of winning.

In most cases, it is better to appeal rather than start a new application, because a successful appeal can result in back pay going back to your original application date. Starting a new application resets your claim date. However, there are situations where a new application may be appropriate. Contact our attorneys for advice specific to your situation.

Attorney fees in Social Security disability cases are regulated by federal law. We work on a contingency fee basis — you pay nothing upfront. If we win, our fee is 25% of your back pay award, capped at $7,200 (as of 2024). If you don't win, you owe us nothing. There is truly no financial risk to you.

Back pay refers to the benefits you should have received from the time you became disabled (or your application date) until the date you are approved. This can amount to thousands of dollars. For SSDI, there is a 5-month waiting period before benefits begin. For SSI, back pay begins from the application date. Our attorneys work to maximize your back pay award.

You are not required to have an attorney, but statistics consistently show that claimants represented by attorneys are approved at significantly higher rates than those who represent themselves — especially at the ALJ hearing level. Given that our services cost you nothing unless you win, there is every reason to have professional representation.

Yes. We serve clients throughout Southeast Texas, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and surrounding areas. We can conduct consultations by phone or video, and we will travel to ALJ hearings throughout the region.