Law Offices of Shirley Vu
"Representing the Hearts of Texas"

Social Security & SSI Disability

The Process & Benefits

Types of Disability Benefits

 

SOCIAL SECURITY DISABILITY BENEFITS

If you worked and paid into Social Security, i.e. pay your Social Security taxes, then you may be eligible for this benefit.   

SUPPLEMENTAL SECURITY INCOME

If you have less than a certain amount of income and resources, then you may be eligible for this benefit.     

DISABLED WIDOW'S BENEFITS

If you are age 50 or older and you became disabled within 7 years of your spouse's death, then you may be eligible for this benefit.




SSI CHILD DISABILITY BENEFITS

If you became disabled prior to age 18, and your parents have less than a certain amount of income and resources, then you may be eligible for this benefit.      

ADULT CHILD DISABILITY BENEFITS

If you became disabled prior to age 22, and your parent is either deceased or receiving Social Security retirement or disability benefits, then you may be eligible for this benefit.
     

SUMMARY

There are multiple types of Social Security disability benefits. Generally, if you are eligible for multiple types, then you receive the highest benefit.    

 

The Process

 

overview

There are five levels to the Social Security disability process. Wherever you are in the process, we can help. Generally, this process can take six months up to three years depending on how many levels you go through. For most individuals, it takes about two years.                                


Hearing - third level

If you do not win at the Reconsideration level, then we appeal your case to the Office of Disability Adjudicatino & Review (ODAR), aka the Hearings office. Eventually, you may go before a judge who will make an independent disability decision based on the evidence and testimony. This level takes about 12-18 months.

application - first level

At this level, the Social Security office willl verify if you meet the requirements for any benefits. If so, the local office will forward your claim to Disability Determination Services (DDS) and a DDS examiner will make a disability decision based on the medical evidence and SSA forms. This level takes about 4-6 months.


appeals council - fourth level

If you do not win at the hearing level, then we may appeal your case and ask the Appeals Council to review the judge's decision. This level takes about 12-18 months.          

                                                                                            

Reconsideration - second level

If you do not win at the Application level, then we appeal and request DDS provide a second opinion (basically a repeat of the application level but a different DDS examiner will review your case and make a separate disability decision). This level takes about 3-4 months. 


federal district court - fifth level

If you do not win at the Appeals Council level, then we may appeal your case to the Federal District Court and request review of the Appeals Council's decision. This level takes about 12-18 months.