Austin Social Security Disability Lawyers dedicated to helping you obtain the disability benefits you deserve.
With over 75 years combined experience helping the disabled we have the knowledge and proven track record to help you win your Social Security disability claim.
Author: Attorney Lloyd Bemis
If you are considering filing an application for Social Security Disability Insurance (SSDI) in Texas or have already filed and been denied benefits, our attorneys may be able to help. Over 65% of SSDI applications are initially denied often due to mistakes on paperwork or other technicalities. Our attorneys can help ensure that your claim meets the Social Security Administration’s (SSA) requirements and that you have the best chance possible to recover the benefits you deserve.In the event your claim is denied, our Austin Social Security disability lawyers can guide you through each step in the appeals process, from the first appeal to the federal district courtroom, if necessary.
Social Security Disability benefits (SSDI or SSI) are difficult to obtain.
There are deadlines for filing, endless paperwork to complete, and complicated guidelines for determining whether or not you will be eligible. A qualified Texas attorney with specialized knowledge in Social Security Disability law is far more likely to obtain the maximum benefits than a lawyer without the same experience. It is even more important to have successful litigation attorneys on your side if you have been denied disability benefits.
When choosing a disability lawyer you should know that the majority of attorneys offer either a discounted or free initial consultation.
During the initial consultation the following questions may prove an asset when meeting with your prospective legal advocate:
- How many SSDI cases have you handled?
- What is your success rate?
- Are you familiar with my condition and what is your experience in this area?
- What may be the positives of my case resulting in a successful determination?
- What may be the challenges of my case rendering the need to file an appeal?
- Do you have any additional training in Social Security Disability law?
- Does your practice have a specific protocol for dealing with Social Security cases?
- Can you give me an approximate time line from beginning to case resolution?
- What is the protocol for filing an appeal if my case is initially denied?
- What is your availability? Will I be able to reach you directly if needed?
- Will my case be handled by you personally or by an associate?
- Who else in the practice will be available to address any questions?
- Who will be responsible for keeping me informed about case progress?
- What is your billing procedure?
- Can you provide me with a cost estimate?
You need not make an immediate decision.
Take time to consider how your prospective attorney answered the questions. Your choice should reflect the type of legal counsel you want to represent you during this critical venture. If you were satisfied with the attorney’s manner and answers to your questions, then trust your instinct and move forward with filing your SSDI application with their assistance.
If you would like to schedule a meeting to discuss your case with a qualified Austin SSDI attorney, contact The Law Offices of Bemis, Roach & Reed.
As leading SSDI attorneys we understand the complexities of disabling health issues as well your legal rights to obtain the benefits you deserve. Contact us today at 512-454-4000 to schedule your consultation. We will be happy to answer all of your SSDI questions.
If you have been denied disability you may still qualify for Social Security Disability benefits. Most applicants are initially denied. Contact an experienced Social Security disability lawyer at 512-454-4000 and appeal your denied claim.
One of the problems most applicants face is a lack of money.
They are unable to work and sometimes do not even look for an attorney because they believe they cannot afford it. At Bemis, Roach & Reed, you will never have to pay out of pocket for representation on your Social Security Disability benefits claim. Our firm takes Social Security Disability cases on a contingency fee. We charge 25% of the back benefit award and the fee is capped at $6,000.00. Our clients are not obligated to pay court costs or other expenses associated with our legal services.
Don’t give up, believe in your claim.
Call 512-454-4000 and get help today.
Don’t delay, there are deadlines and a waiting period
to receive your family’s needed benefits.
Compassionately helping the disabled throughout Texas
Austin law firm Bemis, Roach & Reed provides legal services to individuals throughout the State of Texas. If you or someone you know is in need of insurance attorneys who specialize in Social Security disability and long term disability, call us toll free at (866) 433-4979.
“Wow! I never thought it would be a pleasant experience with attorneys but these guys made a believer out of me! They were down to earth, and so easy to work with . They understood not only about the case but my personal situation as well and always had kind hearts and words of encouragement. Thank you for all the hard work you accomplished for me, it was a pleasure!”
Helpful links for applying for Social Security Disability Insurance.
In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.
The first category is the Work Requirements which has two tests.
- The Duration of Work test. Whether you have worked long enough to be covered under SSDI.
- The Current Work Test. Whether you worked recently enough for the work to actually count toward coverage.
The second category is the Medical Eligibility Requirement.
- Are you working? Your disability must be “total”.
- Is your medical condition severe? Your disability must be “severe” enough to interfere with your ability to perform basic work-related activities, such as walking, sitting, and remembering.
- Is your medical condition on the List of Impairments? The SSA has a “List of Impairments” that automatically qualify as “severe” disabilities. If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.
- Can you do the work you did before? SSDI rules look at whether your medical condition prevents you from doing the work you did prior to developing the condition.
- Can you do any other type of work? If you cannot do your prior work, an evaluation is made as to whether you can perform any other kind of work.
More details can be found on our Qualifying for Disability page.
Social Security Disability FAQS
What is SSDI?
SSDI, is a government program that offers monthly payments to people under age 65 who have a qualifying impairment and have held employment consistently for five to ten years. SSDI also provides benefits to widows and widowers of workers who are at least 50 years old and to children who became disabled before reaching the age of 22. Social Security fills an important financial gap in the lives of working Americans. If you are disabled due to an injury or a serious medical condition and are unable to work, you may be eligible for insurance benefits. Contact our lawyers today.
Some common medical conditions that qualify as total disabilities include:
How do I apply for SSDI?
You can apply for SSDI online, over the phone, or in person at your local SSA office. Once on file, they will review your application and decide whether to approve or deny benefits. Even if you are eligible, if your application is incomplete or is filled out incorrectly, you may be denied benefits. A notice of denial will state a brief description of the medical condition in question, the impairments that were considered, the medical and non-medical records that were reviewed, and an explanation why the application is being denied. A denied claim does not mean you will never receive benefits. The Administration denies approximately 67% of initial applications, often because the applicant did not provide enough medical evidence to support their claim. If your claim has been denied, you should consult an attorney to appeal the decision. An experienced SS attorney is a powerful asset and can be the key to winning your case. How to apply for SSDI ->
How do I qualify for Disability Benefits?
In order to qualify you must satisfy the Work Requirements and Medical Eligibility Requirements as set by the SSA. You must have worked long enough and recently enough and you must have an injury or medical disorder that prevents you from working and has lasted, or is expected to last at least 12 months. Also, you must be unable to earn more than $1,200 per month. How to Qualify for SSD ->
How much income can I receive?
While the amount of payment can range from $800 to $1,800, the average monthly payment in 2019 is $1,234. If you have paid into the system throughout your life and had taxes taken out of your paycheck, you should consider filing an application to get the benefits you deserve. How much does SSDI pay? ->
How can I win my claim?
The best thing you can do to improve your chance of winning your claim is to hire an experienced attorney. The process of applying for benefits is complex and can take a long time. A qualified lawyer will keep track of important deadlines and make sure all the information on your application is accurate. They will gather all your medical records and work history and provide the evidence necessary to prove your claim, including statements from your medical providers and how your limitations have impacted your work life. In the event your claim is denied, an attorney can file an appeal and represent you at hearings. The best thing you can do to win your appeal ->
Why was my claim denied?
Most initial claims for SSDI are denied. There are many reasons why this happens, even when an applicant has a valid claim.
1. The SSA does not consider your injury or illness an impairment.
2. Your income is too high or you do not have enough work credits.
3. Your claim forms were filled out incorrectly.
4. You did not provide enough medical evidence to support your claim.
5. Your claim was previously submitted and denied.
6. You did not follow treatment recommended by your doctor.
7. You failed to cooperate with Social Security procedures.
8. Your immpairment is related to drugs or alcohol.
9. You cannot be located you because your contact information is not current.
10. You have committed a crime and are incarcerated.
Ten Reasons why your SS appeal was denied ->
If my application is denied, can I appeal?
If your application for SSDI is denied, you will receive a notice of denial with an explanation of why your claim was denied and information about your rights to appeal. You will have 60 days to appeal the decision. The first step in the appeals process is to request a complete review of your file, called a Request for Reconsideration. If your claim is again denied, you will receive another letter similar to the original notice of denial. The next step in the appeals process is to request a hearing before an administrative law judge within 60 days of the date of the second denial. Administrative law judges are attorneys who work for the SSA. Their job is to hear appeals and uphold or overturn decisions to deny or terminate benefits. If your appeal before an administrative law judge is unsuccessful, you can request that the Appeals Council review your case. The Appeals Council reviews claims on a random basis and can grant, deny or dismiss your case; the chances of winning a case before the Appeals Council is only 2-3%. Because the appeals process can be long and complicated, it’s best to consult an attorney as soon as you decide to appeal your case. The final stage of the appeals process is filing a lawsuit in United States District Court, at which point you will definitely need legal representation. Social Security Appeal Process ->
Can I receive benefits from both my LTD insurer and SSDI?
If you are having trouble getting insurance benefits for a long-term impairment approved, we can help. Bemis, Roach and Reed has successfully handled claims against a long list of major LTD insurance companies including Aetna, Cigna, Unum, Hartford, Metlife, Prudential, Standard, Connecticut General Life, Life Insurance Co. of N.A. , Lincoln Financial, Northwestern Mutual, Reliance, Assurant, CNA, Fortis, Liberty Mutual, and Paul Revere. Partner Lonnie Roach has over 28 years’ experience representing clients in ERISA claims and is recognized by Martindale-Hubbell as an AV® Preeminent rated attorney. Most plans will pay 50-60% of your salary. Your benefits will continue until you begin working again or for a specific number of years stated in your plan. If you have an STD insurance plan (STD), your LTD benefits will begin when your STD payments end. Your LTD insurer will require you to file for SSDI also, and will offset any benefits you receive against your LTD payments. At Bemis, Roach and Reed we know what it takes to give you your best chance at winning both your claims. Our entire staff is solely dedicated to help folks like you win the benefits you deserve. Receiving both SSDI and LTD benefits ->
Bemis, Roach & Reed has helped clients who are disabled from a wide variety of medical conditions. If you are unable to work due to any of the following conditions and have been denied disability benefits, contact us. We would like to help.
- Acid Reflux
- AIDS / HIV
- Amyotrophic Lateral Sclerosis ("ALS")
- Autoimmune Disorder
- Back Pain
- Bipolar Disorder
- Bladder Control
- Blood Disorder
- Brain Aneurysm
- Brain Tumor
- Breast Cancer
- Bulging / Herniated Disc
- Cancer (all kinds)
- Car Accident
- Carpal Tunnel Syndrome
- Cerebral Atrophy
- Cerebral Palsy
- Cervical Disc Disease
- Chronic Fatigue Syndrome
- Chronic Obstructive Pulmonary Diseases
- Chronic Pain Syndrome
- Congestive Heart Disease
- Congnitive Dysfunction
- Coronary Dysfunction
- Crohn’s Disease
- Cystic Fibrosis
- Degenerative Disc Disease
- Down Syndrome
- Epstein-Barr Virus
- Essential Tremor
- Falls and disability
- Gastrointestinal Reflux
- Hearing Impairment
- Heart Failure
- Hepatitis C
- Herniated / Bulging Disc
- High Blood Pressure/Hypertension
- Hip Replacement
- Hodgkin’s Disease
- Huntington’s Disease
- Interstitial Cystitis
- Irritable Bowel Syndrome
- Ischemic Heart Disease Disability
- Kidney Disease
- Knee Disorder/Replacement
- Liver Cancer
- Liver Disease
- Lumbar Disc Disease
- Lumbar Radiculopathy
- Lung Cancer
- Lyme Disease
- Macular Edema/Degeneration
- Memory Disorder
- Menieres Disease
- Mental Illness
- Multiple Myeloma
- Multiple Sclerosis
- Muscular Dystrophy
- Myofascial Pain Syndrome
- Neurocognitive Disorder
- Parkinsons Disease
- Peripheral Neuropathy
- Post-Traumatic Stress Disorder (“PTSD”)
- Prostate Cancer
- Reflex Sympathetic Dystrophy (“RSD”)
- Rheumatoid Arthritis
- Seizure Disorder
- Sjorgen's Syndrome
- Skin Cancer
- Sleep Apnea
- Spinal Stenosis
- Systemic Sclerosis
- Temporal Mandibular Joint Dysfunction
- Throat Cancer
- Traumatic Brain Injuries
- Vision Impairment
Author: Attorney Lloyd Bemis has been practicing law for over 35 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Bemis obtained dual board certifications from the Texas Board of Legal Specialization. Lloyd is admitted to practice in the United States District Court – all Texas Districts and has argued before the U.S. Court of Appeals, Fifth Circuit. Mr. Bemis is a member of the Travis County Bar Association. He has been active in the American Association for Justice and is a past Director of the Capital Area Trial Lawyers Association. Mr. Bemis and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
Your Free Initial Consultation
At Bemis, Roach and Reed, if we can't help you, we will try to find the right attorneys for you.
We offer each of our prospective clients a free no obligation one hour phone or office consultation to see if we can help you and if you are comfortable with us. We know how difficult a time like this can be and how hard the decisions are. If we can be of assistance to you and help you find a solution to your issue we will even if that means referring you to another attorney.
Or simply call 512-454-4000
to schedule your
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If you could provide us with some basic information about your claim we will get right back with you with a free case evaluation and schedule your Free Consultation Today.