How do I appeal a denied Social Security disability claim in Texas?
1. Federal Program. SSDI (Title II) requires work credits; SSI (Title XVI) is means-tested. Both follow the 5-step sequential evaluation (20 C.F.R. § 404.1520; § 416.920).
2. Initial Determination. Texas's Disability Determination Services (DDS), run by the Texas HHSC, processes claims in Austin, Dallas, Houston, and San Antonio. Roughly 67% of initial Texas claims are denied.
3. Level 1: Reconsideration. File Form SSA-561 within 60 days. A different DDS examiner re-reviews; ~86% denied.
4. Level 2: ALJ Hearing. Request HA-501 within 60 days. SSA OHO offices serve Texas from Dallas (Downtown, North), Fort Worth, Houston (Bissonnet, Downtown, North), San Antonio, Austin, McAllen, Tyler, and Midland. Wait is 12-16 months; video/telephonic hearings standard. Vocational expert testifies.
5. Level 3: Appeals Council. HA-520 within 60 days; Falls Church, VA reviews for legal error.
6. Level 4: Federal District Court. Under 42 U.S.C. § 405(g), file in the Northern, Southern, Eastern, or Western District of Texas within 60 days; substantial-evidence review.
7. Texas Supplemental. None. Texas does not have a state-funded short-term disability program (no SDI/TDB equivalent).
8. Continuing Disability Reviews. Every 3-7 years; new appeal track if benefits cease.
9. Attorney Fees. Capped at 25% of past-due benefits or $9,200 (2024), whichever less (42 U.S.C. § 406(a)).
10. Concurrent State Aid. Texas is a "209(b)" state — SSI recipients must separately apply for Medicaid through HHSC and may face stricter eligibility than SSI.
This is legal information, not legal advice.
- Your reconsideration was denied and you're preparing for an ALJ hearing
- You have a complex medical or vocational profile requiring expert testimony
- You need a federal court appeal after Appeals Council denial
- 42 U.S.C. § 405(g)
- 20 C.F.R. § 404.1520
- 20 C.F.R. § 416.920
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.