Find Social Security Disability Lawyers Near You in Sherman, TX

The cost of hiring a social security disability lawyer in Texas is strictly regulated by the Social Security Administration. Lawyers and non-attorney representatives are limited to charging a contingency fee of 25 percent of your past-due benefits, up to a maximum of $7,200. This means you pay nothing upfront, and the fee is deducted directly from your back pay award after you win. If you lose, you owe nothing. Some representatives may charge a small fee for out-of-pocket expenses, such as postage or obtaining medical records, but these are typically under $100 and must be disclosed in the fee agreement.

It is important to note that the $7,200 cap applies to each claim, not each year. For example, if your back pay is $30,000, the fee would be $7,200 (the cap), not $7,500 (25 percent). If your back pay is $10,000, the fee would be $2,500 (25 percent). This structure ensures that you keep the majority of your benefits. Always ask for a written fee agreement before hiring any representative. This information is general and does not constitute legal advice; you should consult with a qualified professional for your specific situation.

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two distinct federal programs administered by the Social Security Administration (SSA). SSDI is available to individuals who have worked enough years and paid Social Security taxes, earning sufficient work credits. Generally, a worker needs 40 credits, with 20 earned in the last 10 years, though younger workers may qualify with fewer credits. SSI, by contrast, is a need-based program for disabled individuals with limited income and resources, regardless of work history. Both programs require that you meet the SSA definition of disability: a medically determinable impairment that prevents substantial gainful activity (SGA) and is expected to last at least 12 months or result in death. The SGA threshold for 2024 is $1,550 per month for non-blind applicants and $2,590 for blind applicants. The SSA uses its Blue Book listing of impairments to evaluate whether your condition meets or equals a listed severity. If it does not, the agency assesses your residual functional capacity (RFC) to determine if you can perform past work or any other work in the national economy.

The initial application process can be completed online at the SSA website, by phone at 1-800-772-1213, or in person at the local Social Security office in Sherman, located at 2800 North Travis Street. The SSA typically takes three to six months to issue an initial decision. However, denial rates are high: approximately 60 to 70 percent of initial applications are denied nationwide, and Texas denial rates are similar. If denied, you must file a request for reconsideration within 60 days of the denial notice. Reconsideration is a review by a different examiner at the state Disability Determination Services (DDS) office, and it also has a high denial rate. If reconsideration is denied, you may request a hearing before an Administrative Law Judge (ALJ) within 60 days. The ALJ hearing is the most critical stage, as approval rates at hearings are significantly higher than at initial or reconsideration levels. If the ALJ denies your claim, you may appeal to the SSA Appeals Council, and if that fails, you may file a civil action in federal district court.

Texas-specific factors play a significant role in your claim. The state Disability Determination Services (DDS) office that processes claims for Sherman residents is the Texas DDS, headquartered in Austin. The local hearing office that handles ALJ hearings for Sherman is the Dallas hearing office, located at 525 Griffin Street, Suite 300, Dallas, Texas 75202. Average wait times for an ALJ hearing in the Dallas office can range from 12 to 18 months from the date of the hearing request, though this can vary based on case complexity and docket backlog. Local approval rates at the hearing level in the Dallas office are generally around 50 to 60 percent, which is consistent with national averages. It is important to note that Texas does not have a state-specific disability program that supplements federal benefits, so your eligibility depends entirely on SSA criteria. Additionally, Texas law does not require a lawyer to represent you at the SSA, but having one can significantly improve your chances of success.

Medical evidence is the backbone of any disability claim. The SSA gives the greatest weight to treating physician records, especially if the doctor has a long-term treatment relationship with you and provides a detailed opinion about your functional limitations. The SSA may also order a consultative examination (CE) at its own expense if your medical records are insufficient to make a decision. A CE is a one-time exam performed by a doctor contracted by the SSA, and it is often less thorough than your treating physician evaluation. Your residual functional capacity (RFC) is a critical assessment of what you can still do despite your impairments. It considers physical limitations, such as lifting, standing, walking, and sitting, as well as mental limitations, such as concentration, memory, and social interaction. Mental health evaluations are particularly important for claims based on depression, anxiety, bipolar disorder, or PTSD. Strong medical evidence includes objective findings like imaging studies, lab results, clinical notes showing consistent symptoms, and a treating source statement that links your impairments to specific work-related limitations. Vague or inconsistent records, or gaps in treatment, can weaken your claim.

When hiring a representative, you should understand the fee structure and expectations. Social Security disability lawyers and non-attorney representatives are both permitted to represent you before the SSA. The SSA caps contingency fees at the lesser of 25 percent of your past-due benefits (back pay) or $7,200. This means you pay nothing upfront; the fee is deducted directly from your back pay award if you win. If you lose, you owe nothing. Non-attorney representatives, such as disability advocates, may also charge the same capped fee, but they cannot provide legal advice or represent you in federal court. Attorneys can handle all levels of appeal, including federal court litigation. You should also know that the SSA must approve the fee agreement before the representative can collect. Some representatives may charge a separate fee for expenses like copying medical records, but these are typically small and must be disclosed in advance. It is wise to ask about any potential additional costs before signing a representation agreement.

After you are approved for benefits, you will receive a Notice of Award detailing your monthly benefit amount and any past-due benefits (back pay). Back pay is calculated from your established onset date of disability, minus a mandatory five-month waiting period for SSDI. For SSI, back pay begins the month after you filed your application. SSDI recipients become eligible for Medicare after receiving benefits for 24 months. SSI recipients are automatically eligible for Medicaid in most states, including Texas, and may qualify for food assistance and other programs. The SSA conducts Continuing Disability Reviews (CDRs) periodically to ensure you remain disabled. CDRs can be medical reviews, where you submit updated medical records, or work reviews, if you attempt to return to work. If you want to try working while on SSDI, you can use the Trial Work Period (TWP), which allows you to work for nine months (not necessarily consecutive) within a rolling 60-month period without losing benefits. During the TWP, you can earn any amount above the SGA threshold. After the TWP, you enter the Extended Period of Eligibility (EPE), during which you receive benefits for any month your earnings fall below SGA. The Ticket to Work program also offers vocational rehabilitation and support services to help you return to work without immediately losing benefits.