man in a wheelchair who has a presumptive disability

If you are seeking Supplemental Security Benefits (SSI), you may be entitled to presumptive disability benefits. Given the strict eligibility requirements for disability benefits and the complicated claims process, it is crucial to consult with an experienced disability lawyer on this matter.

The Law Office of Carey Thompson, PC regularly helps disabled individuals throughout Texas obtain benefits under the SSI program managed by the Social Security Administration (SSA). Well-versed in the rules governing presumptive disability benefits, we have a proven history of helping our clients obtain the benefits they deserve.

Lead attorney Carey Thompson has a well-deserved reputation as a dedicated advocate of the disabled who provides each client with compassionate, efficient representation. When you become our client, you can rest assured your rights will be protected. Contact our El Paso office today so we can start working on your claim.

How To Obtain SSI Benefits in Texas

To be eligible for SSI, you must be disabled, over the age of 65, or blind. Unlike benefits under the Social Security Disability Insurance (SSDI) program, it is not necessary to have paid into the Social Security system to obtain SSI. You must be unable to work or earn a living due to your medical condition, however.

In addition, you must be able to demonstrate financial need under the program’s strict income and asset limits ($2,000 for individuals, $3,000 for married couples). Determining whether you qualify based on the so-called means test is difficult because certain income and assets are excluded from the calculations. For this reason, it is wise to work with an attorney who has a working knowledge of these requirements and the skills to get you the SSI benefits you deserve.

What are presumptive disability benefits?

The SSA grants immediate benefit payments (presumptive disability benefits) when the agency is convinced that a pending SSI claim will be approved. In short, the SSA presumes certain medical impairments to be disabling, including:

  • Amputation of two limbs
  • Amputation of one leg at the hip
  • Total blindness/deafness
  • Spinal cord injury resulting in an inability to walk without an assistive device (e.g. walker)
  • Stroke resulting in difficulty walking or using a hand or arm
  • Cerebral palsy, muscular dystrophy, or muscular atrophy requiring the use of a wheelchair or other assistive device
  • Amyotrophic Lateral Sclerosis (ALS)
  • Being in hospice care, with 6 months or less to live

It is worth noting that this is not an exhaustive list of qualifying medical impairments. Moreover, presumptive disability benefits are only available to first-time claimants, and benefits are only paid for 6 months.

If a disability determination has not been made within that time period, the benefit payments will end. Even if you are presumed to be disabled, your claim may still be denied if you do not pass the means test. If your benefits claim is ultimately denied, however, you are not responsible for paying back any benefit payments you received.

Why Choose Us For Your Presumptive Disability Benefits Claim

Our disability attorneys will help prepare and file your application for SSI, and work with your doctor to build a medical record that supports your claim for presumptive disability benefits. If your condition is not included on the SSA’s list of qualifying impairments, you may still qualify as long as your impairment is medically equal to a listed presumptive disability.

In addition, you may be eligible for other expedited benefit programs offered by the SSA, including:

  • Compassionate allowance benefits are available for a wide range of conditions that can be easily diagnosed (e.g. cancer)
  • Terminal Illness Program (TERI) provides benefits to individuals who are terminally ill or in hospice care
  • Quick Disability Determination in which claims are processed by an SSA software program

Trust our legal team to help you get all the disability benefits you deserve. We know that time is of the essence for obtaining presumptive disability benefits, and we will handle your claim in an expedient and efficient manner. We know the ins and outs of the Social Security system and will guide you through the process. Above all, we will always stand by you and make sure your rights are protected.

Contact Our Experienced Texas Presumptive Disability Benefits Attorneys

If you are seeking SSI benefits, turn to the Law Office of Carey Thompson. We know how to get you the presumptive disability benefits you deserve. We handle all disability benefits cases on a contingency basis, which means that you will not pay any attorneys’ fees until we win benefits for you. Contact our office today for a free consultation.