SSDI Denial Appeals Guide for Tempe, Texas Claimants

Introduction: Why a Localized SSDI Denial Guide Matters to Tempe, Texas Residents

If you live in Tempe, Texas—the small unincorporated community in Lubbock County—an unfavorable Social Security Disability Insurance (SSDI) decision can feel overwhelming. While the Social Security Administration (SSA) applies federal rules uniformly, local factors such as medical provider availability, field-office logistics, and regional approval statistics still shape your experience. According to the SSA’s Office of Disability Adjudication and Review (ODAR), the Lubbock hearing office that serves Tempe consistently reports wait times around the national average. Knowing what to expect in this specific jurisdiction will help you act quickly and protect your rights.

This 2500-plus-word guide breaks down every stage of an SSDI denial appeal. We cite authoritative sources only—the Social Security Act, the Code of Federal Regulations (CFR), SSA Program Operations Manual System (POMS), and published federal court opinions. Our goal is slightly claimant-oriented: we highlight common agency errors and practical strategies to maximize your chance of success. Still, every statement is evidence-based and neutral in tone.

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Understanding Your SSDI Rights

1. The Right to a Written Explanation

When the SSA issues an initial denial, it must provide a Notice of Disapproved Claim that explains the technical or medical basis for the decision. This requirement stems from 42 U.S.C. § 405(b) and 20 CFR §404.904. If the rationale is unclear or missing pages, request a corrected copy immediately.

2. The Right to Examine Your File

Under 20 CFR §404.916, you may review and copy everything in your electronic or paper claim file. In practice, Tempe residents contact the Lubbock Field Office (details below) to schedule an appointment with a claims representative. You can also access much of the file through my Social Security.

3. The Right to Representation

Claimants may appoint any qualified individual, including an attorney licensed in Texas or an SSA-certified non-attorney representative (20 CFR §404.1705). Representatives receive direct fee payment from past-due benefits only if the SSA approves the fee agreement (20 CFR §404.1730).

4. The Right to a Multi-Level Appeal

The SSA must provide at least one administrative review of an adverse decision, and the regulations supply four potential review stages:

• Reconsideration

• Administrative Law Judge (ALJ) hearing

• Appeals Council review

• Federal district court

These stages are codified in 20 CFR §404.900.

Common Reasons SSA Denies SSDI Claims

1. Insufficient Work Credits

To qualify for SSDI, you generally need 20 credits earned in the last 10 years before disability onset (20 CFR §404.130). Agricultural and oil-field workers in Lubbock County often have intermittent earnings, which can lead to technical denials. Always verify SSA’s earnings record for omissions.

2. Not “Severe” Enough at Step Two

Step Two of the five-step sequential evaluation (20 CFR §404.1520(a)(4)(ii)) requires a medically determinable impairment that significantly limits basic work activities for at least 12 months. Missing imaging studies or specialist notes is a common cause of failure here.

3. Failure to Meet or Equal a Listing

The Listing of Impairments (20 CFR Pt 404, Subpt P, App. 1) describes conditions so severe that disability is presumed. For example, Listing 1.15 (spinal disorder) requires objective imaging. Claimants with chronic back pain but non-diagnostic MRIs often receive denials.

4. Residual Functional Capacity (RFC) Determinations

If SSA finds you can perform past relevant work (Step Four) or other work (Step Five) based on RFC, age, education, and transferable skills, you will be denied. Vocational experts at Texas ALJ hearings frequently cite jobs like “counter clerk” or “order caller” for younger claimants.

5. Non-Medical Denials

• Substantial Gainful Activity (SGA) exceeding the monthly limit ($1,470 in 2023 for non-blind claimants)

• Failure to follow prescribed treatment (20 CFR §404.1530)

• Drug or alcohol materiality (20 CFR §404.1535)

Federal Legal Protections & Key Regulations

Federal statutes and regulations protect your due-process rights and outline how SSA must adjudicate disability claims:

• Social Security Act § 205(b) – Requires notice and opportunity for hearing before benefits are denied or terminated.

• 20 CFR §404.900–404.999d – Establishes the four-step administrative review process.

• 20 CFR §404.1520 – The sequential evaluation used to decide every claim.

• 20 CFR §404.968 – Sets out Appeals Council procedures.

• 28 U.S.C. § 405(g) – Grants U.S. district courts jurisdiction to review final SSA decisions.

Court precedent also shapes how these rules apply. For instance, the Fifth Circuit (which includes Texas) requires ALJs to evaluate the combined effect of all impairments (Fraga v. Bowen, 810 F.2d 1296 (5th Cir. 1987)). Failure to do so is reversible error.

Steps to Take After an SSDI Denial

1. Mark Your Calendar – 60 Days to Appeal

The most critical deadline is 60 days from receipt of the denial notice (“presumed” five days after the date on the letter) to file your Request for Reconsideration (20 CFR §404.909(a)(1)). Missing this deadline generally forfeits rights unless you demonstrate good cause.

2. Obtain and Review Your Electronic Folder

Request a copy of your medical records, RFC assessments, and vocational analyses. In Tempe, the nearest SSA field office is:

Lubbock Social Security Office 5826 16th Street, Lubbock, TX 79416 Phone: 1-866-563-9104 Hours: 9:00 a.m.–4:00 p.m., Monday–Friday

You can also submit written requests to the Dallas Regional Office of Disability Adjudication and Review overseeing the Lubbock ALJ.

3. Fill Evidentiary Gaps

Common missing items include:

• Specialist treatment notes from University Medical Center in Lubbock

• Updated imaging from Covenant Medical Center

• Physical or mental RFC forms (Form SSA-4734-BK) completed by treating physicians

4. File Your Reconsideration Online or on Paper

Use SSA’s online appeals portal or file Form SSA-561. Be sure to attach new evidence and a written statement explaining errors in the initial decision.

5. Prepare for the ALJ Hearing

If Reconsideration is denied (national overturn rate ≈ 13%), request an ALJ hearing. The Lubbock ODAR currently schedules hearings via Microsoft Teams, telephone, or in-person at 1205 Texas Ave, Lubbock, TX 79401. Strategically:

• Submit a pre-hearing brief summarizing medical evidence and legal arguments.

• Cross-examine the vocational expert about job numbers and transferable skills.

• Bring witnesses who can attest to day-to-day limitations.

6. Appeals Council and Federal Court

The Appeals Council in Falls Church, Virginia, reviews legal errors and may remand, affirm, or reverse. If denied, Tempe residents file suit in the U.S. District Court for the Northern District of Texas, Lubbock Division. Federal suits must be filed within 60 days of the Appeals Council’s final notice.

When to Seek Legal Help for SSDI Appeals

1. Complex Medical Evidence

Neurological disorders, autoimmune diseases, or combined physical/mental impairments often require expert testimony and detailed record analysis.

2. Adverse Vocational Evidence

Vocational experts sometimes testify that you can perform jobs existing in “significant numbers” nationally. An experienced Tempe disability attorney can challenge methodology under Biestek v. Berryhill, 139 S. Ct. 1148 (2019).

3. Procedural Pitfalls

Late appeals, missed subpoenas, or incomplete evidence submissions at least five business days before hearing (20 CFR §404.935) can doom a claim. Lawyers monitor these deadlines.

4. Contingency-Fee Safety Net

Federal law caps standard attorney fees at 25% of past-due benefits or $7,200, whichever is less (20 CFR §404.1730(b)(1)). No fee is owed if the claim loses.

Local Resources & Next Steps

1. Medical Providers Familiar with SSA Forms

• Covenant Health’s Physical Medicine & Rehabilitation Clinic – Helpful for functional capacity evaluations.

• Texas Tech Physicians Psychiatry – Provides mental RFCs and psychological testing.

2. Vocational Rehabilitation

The Texas Workforce Solutions–Vocational Rehabilitation Services office in Lubbock (2002 W Loop 289, Suite 117) can supply job-placement records or failed rehab attempts, strengthening Step Five arguments.

3. Community Legal Aid

Legal Aid of NorthWest Texas (1711 Avenue J, Lubbock) occasionally handles Social Security cases for low-income residents of Tempe.

4. SSA Field and Hearing Offices

• Lubbock SSA Field Office – 5826 16th St., Lubbock, TX

• Lubbock Hearing Office (ODAR) – 1205 Texas Ave., Suite 400, Lubbock, TX

5. Stay Informed with Authoritative Sources

Bookmark these SSA pages:

SSA Disability Benefits Overview SSA Regulations (20 CFR) SSA Policy Rulings (SSRs)

Legal Disclaimer

The information in this guide is for educational purposes only and does not constitute legal advice. Laws and SSA policies change frequently. For personalized guidance, consult a licensed Texas attorney experienced in Social Security Disability appeals.

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.