Don't waste your Texas disability hearing - be prepared
I applied for SSDI for my Chronic Migraines. My Doctors (family doctor & neurologist) had me take a Functional Capacity Exam. The results state that I can work a sedentary job with light skills if an employer will hire me. I checked the Social Security website and they have a grid for ages and schooling and skills based on your last job.
I checked and it says the judge will find me disabled because I have no skills to get another job. Not sure why the test said nothing about my migraines. Is the above true and does the exam results hurt my chances at the hearing even if I have medical records to prove it?
Thanks
The medical vocational grid rules are used to guide decisions based on your age, education, rated work skills, and current rated level of functionality (i.e. are you restricted to light work, sedentary, medium, etc).
The grid rules do not address specific medical conditions, in your case migraines. That is not their purpose. Regarding "skills", be careful about trying to interpret the grid rules. Skill levels are assessed by judges and by disability examiners according to an identification of your job in something known as the DOT, or dictionary of occupational titles. They use your description of your job(s) to find the job in the DOT that matches up, and then they use the skill rating assigned to that job listing.
Common questions about filing for disability in Texas
To me, it seems you would benefit from representation at a hearing. The whole purpose of representation at a Texas disability hearing is that you have someone handling your case that actually understands the rules and regulations of the SSD and SSI programs. They can argue that you meet the SSA definition of disability, provide input as to how your work should be classified, and even regarding the relationship between your medical records and your functional limitations (meaning, what type of work are you unable to do as a result of your condition).
If you are not represented, you may find it a good idea to look into this before a hearing takes place. People in Texas wait months after a hearing request to get a hearing. At every single Texas hearing office, in fact, the wait exceeds a full year (How long does it take to get a disability hearing in Texas?). And it all takes place in under a half hour. You really want to maximize your chances in that half hour and you want your case prepared as best as possible before you enter the hearing room.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability
Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
Most popular topics on SSDRC.com
Social Security Disability in North Carolina
Common Mistakes to avoid after being denied for Disability
Tips to Prepare for Filing for Social Security Disability or SSI
Advice to Win SSD and SSI Benefit Claims
Social Security Disability SSI Questions
What is the difference between Social Security Disability and SSI?
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
What makes you eligible for Social Security Disability or SSI?
General information
Filing for disability in Texas
What are the qualifications for disability in Texas?
When do you file for Texas disability benefits? - when you become disabled
SSI vs Social Security Disability in Texas
Winning a Social Security Disability or SSI award in Texas
Disability for depression in Texas
Disability approval process - Getting disability in Texas
Resource links for Filing a Texas disability application
Can I apply for temporary and later permanent Disability in Texas?
How much can I get from Social Security Disability in Texas?
Eligibility and qualifying for disability in Texas
Social Security Disability Status in Texas
Disability appeals in Texas
What if you get denied disability in Texas?
Can you avoid a Social Security Disability Denial in Texas?
The Social Security Disability and SSI appeals process in Texas
Starting an appeal on a disability claim in Texas
What are the chances of winning a disability appeal in Texas?
How many disability appeals do you get in Texas?
Filing a Texas Disability Appeal
Disability Hearings in Texas
How long does it take to get a disability hearing decision in Texas?
Going to and getting ready for a disability hearing in Texas
Don't waste your Texas disability hearing - be prepared
Qualifying for disability at a hearing in Texas
Texas Disability Attorney questions
Get a qualified disability attorney, lawyer, advocate in Texas
Should you get help from a disability attorney in Texas if you have not filed yet?
What does a disability lawyer in Texas do to help you win benefits?
How Much Are The Fees For A Disability Lawyer In Texas?
How do Disability Lawyers in Texas get paid their fees?
Qualifying For Disability in Texas, will I qualify?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
| |
