Texas Social Security Disability Attorneys

At DearLegal, we connect you with experienced Texas Social Security Disability attorneys who know the Texas DDS, the Houston, Dallas, Fort Worth, San Antonio, Austin, and McAllen hearing offices, and the federal rules that decide whether you get paid. Whether you’re filing a new SSDI claim, appealing a denial, or heading to an ALJ hearing, we’ll match you with the right attorney — at no cost to get started.

SSDI (Title II) is based on your work history and the FICA taxes you’ve paid — generally 40 work credits with 20 in the last 10 years. SSI (Title XVI) is needs-based; no work credits required but income and resources must be very low (generally under $2,000 in countable assets for an individual). Many Texans qualify for both ("concurrent" claims).
Initial decisions from Texas DDS typically take 6–8 months. Reconsideration adds several more. ALJ hearings at the Texas OHOs currently run roughly 12+ months from the hearing request — wait times vary materially by office. Compassionate Allowance and TERI flags speed things up. (VERIFY: exact current Texas wait times by office.)
Texas is the only state where workers’ comp is largely optional for private employers. If your employer is a non-subscriber, you may have a negligence claim rather than workers’ comp. SSDI offset rules still apply if you receive any workers’ comp or similar disability payments. An attorney coordinates the analysis.
SSDI has a 5-month waiting period before cash benefits begin, and Medicare doesn’t start until 24 months after SSDI entitlement. ALS and ESRD are exceptions — Medicare is immediate. SSI recipients in Texas get Texas Medicaid automatically on approval.
You can work, but earnings above Substantial Gainful Activity — approximately $1,620/month for non-blind individuals in 2025 (about $2,700/month for statutorily blind) — will generally disqualify you. SSDI has a 9-month trial work period.
Common reasons: insufficient medical evidence, gaps in treatment, the DDS deciding your condition isn’t "severe" or doesn’t meet a Listing, the DDS finding you can still do past or other work, failure to follow prescribed treatment, or earnings over SGA. Most Texas initial denials are reversed on appeal when an attorney develops the record correctly.
Four levels: (1) Reconsideration at Texas DDS; (2) ALJ Hearing at the Houston, Dallas, Fort Worth, San Antonio, Austin, or McAllen OHO; (3) Appeals Council in Falls Church, VA; (4) Federal Court — civil action in the U.S. District Court for the Northern, Eastern, Southern, or Western District of Texas. You have 60 days to appeal at every level.

Why Do You Need a Social Security Disability Attorney in Texas?

Texas has one of the largest disability-claim volumes in the country, with multiple OHO offices — Houston (multiple), Dallas, Fort Worth, San Antonio, Austin, and McAllen — each with its own ALJ approval profile and wait times typically running 12+ months. Texas is one of the states that does not pay a state SSI supplement. The state’s mix of oil-and-gas, healthcare, construction, ag, manufacturing, and military workers — combined with a large rural and border population — produces a complex environment. Border-region claimants frequently have IHS-equivalent care issues and language/translation considerations. Representation by an attorney who knows the Texas DDS and the local ALJs is the biggest factor in turning denials into approvals.

When Do You Need a Social Security Disability Attorney in Texas?

Our network includes Texas social security disability attorneys who handle every kind of case, including:

Types of Social Security Disability Cases in Texas

From the moment you connect with a Texas social security disability attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 60-day appeal deadline at any level (initial denial, reconsideration, ALJ, Appeals Council)
Not requesting comprehensive medical records from every Texas provider — TMC systems, UT Southwestern, MD Anderson, Baylor Scott & White, border-region systems, and LMHAs
Having long gaps in treatment because of cost — SSA reads gaps as "not that severe"
Working over the SGA limit (~$1,620/month in 2025) without reporting it to SSA
Applying for Texas TWC unemployment while claiming inability to work — those statements are inconsistent and the ALJ will see them
Settling a Texas workers’ comp or non-subscriber claim without offset-protective proration language

Common Texas Social Security Disability Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Texas Social Security Disability Attorneys Cost?

25%

Federally capped at 25% of past-due benefits, with a maximum total fee set by the Social Security Administration.

Federal law caps SSDI/SSI attorney fees at 25% of past-due benefits, with a hard maximum of $9,200 (effective Nov 2024, adjusts with the cost-of-living). SSA must approve every fee agreement. You pay nothing out of pocket and nothing from your ongoing monthly benefit — the fee comes only from back pay, and only if you win. If there is no back pay, there is no fee.

What Can Your Texas Social Security Disability Compensation Include?

Monthly SSDI Benefit (PIA)
Calculated from your lifetime earnings record. The 2025 national average SSDI benefit is roughly $1,580/month — your amount depends on your earnings history.
Past-Due Back Pay
SSDI back pay can include up to 12 months before application plus everything from application to approval. SSI back pay runs from the application date.
Auxiliary Benefits
Spouses, minor children, and disabled adult children may qualify for benefits on your earnings record — up to 50% of your PIA each, subject to a family maximum.
Medicare
SSDI recipients become eligible for Medicare 24 months after SSDI entitlement (immediate for ALS and ESRD). Covers Parts A and B; Part D is optional.
Texas Medicaid
SSI approval triggers automatic Texas Medicaid eligibility. Coverage often matters as much as the cash benefit because of medical-cost coverage.
State SSI Supplement
Texas does not pay a state SSI supplement — your SSI is the federal benefit only ($967/month for an individual in 2025).
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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.