SSDI Lawyers Near Me: Montgomery, Texas Denial Appeal Guide

Introduction: SSDI Denials Happen—Especially in Montgomery, Texas

Every month, dozens of Montgomery County residents apply for Social Security Disability Insurance (SSDI) hoping to replace lost wages after a serious medical condition makes full-time work impossible. Unfortunately, according to Social Security Administration (SSA) State Agency Workload Data, FY 2023, only about 37 percent of initial disability applications filed in Texas are approved. If you live in the City of Montgomery or the surrounding Lake Conroe area, the odds are not automatically in your favor—but federal law does give you several opportunities to appeal an unjust denial. This comprehensive guide explains your rights, outlines the appeals process step by step, and directs you to local resources so you can present the strongest possible case.

This article follows strict evidence rules, citing only authoritative sources such as the Social Security Act, 20 C.F.R. §§ 404.900–404.999, and official SSA publications. It is slightly claimant-oriented but remains professional, factual, and location-specific to Montgomery, Texas.

1. Understanding Your SSDI Rights

The Legal Foundation

SSDI is governed primarily by Title II of the Social Security Act (42 U.S.C. § 401 et seq.) and detailed regulations in 20 C.F.R. Part 404. To qualify, you must:

Have earned sufficient work credits—generally 20 credits in the 40 quarters immediately before disability onset (SSA—How You Qualify).

• Show a medically determinable impairment expected to last at least 12 months or result in death.

• Be unable to perform substantial gainful activity (SGA). For 2024, SGA is $1,550 per month for non-blind individuals (SSA COLA Fact Sheet).

When the SSA denies your claim, you have a protected right to appeal through multiple administrative stages and, if necessary, federal court review (20 C.F.R. § 404.900(a)).

Key Deadlines Every Claimant Must Know

• 60 days from the date you receive a denial notice to request Reconsideration (20 C.F.R. § 404.909(a)(1)).

• 60 days after a Reconsideration denial to request a hearing before an Administrative Law Judge (ALJ).

• 60 days after an unfavorable ALJ decision to request review by the Appeals Council.

• 60 days after the Appeals Council denial to file a civil action in U.S. District Court.

Missing a deadline can require you to start a new claim, so mark these dates on your calendar immediately after any denial.

2. Common Reasons SSA Denies SSDI Claims

Medical Insufficiency

The most frequent reason for a denial is inadequate medical evidence. Montgomery claimants often rely on family physicians in nearby Conroe or The Woodlands; however, SSA examiners need objective records such as imaging studies, lab results, and specialist opinions. If your file only contains brief office notes, a denial is likely.

Residual Functional Capacity (RFC) Findings

Disability Determination Services (DDS) physicians evaluate your RFC—what you can still do despite limitations. If they decide you can perform past relevant work (PRW) or adjust to other work, your claim will be denied at Steps 4 or 5 of the five-step sequential evaluation (20 C.F.R. § 404.1520).

Technical Work-Credit Issues

Many Montgomery residents have seasonal jobs in construction, oil-field services, or tourism on Lake Conroe. Irregular earnings can leave gaps in work credits, making applicants technically ineligible even if they are medically disabled.

Earnings Above SGA

If you attempted to work part-time at a restaurant on Texas 105 and earned more than the monthly SGA threshold, DDS may interpret this as proof you are not disabled.

3. Federal Legal Protections & Key Regulations

Several federal laws and regulations tilt the process slightly in favor of claimants—if you know how to invoke them.

• 20 C.F.R. § 404.1512 obligates SSA to develop your complete medical history for at least 12 months prior to onset.

• 20 C.F.R. § 404.1527(c) (applies to claims filed before March 27, 2017) gives treating physicians’ medical opinions controlling weight if well-supported and consistent.

• The Privacy Act (5 U.S.C. § 552a) lets you request and review your entire SSA file so you can spot missing evidence.

• Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412—if you ultimately prevail in federal court, you may recover attorney fees from the government.

Understanding these protections equips you to challenge errors and insist on a full, fair review.

4. Steps to Take After an SSDI Denial

Step 1: Read the Denial Notice Carefully

Your notice includes a personalized explanation—often labeled "Explanation of Determination"—and cites evidence used. Identify whether the denial was medical or technical; this dictates your strategy.

Step 2: File a Timely Request for Reconsideration

You can file online using SSA’s iAppeals portal or deliver Form SSA-561 in person at the Conroe Social Security Office, 600 Sgt Ed Holcomb Blvd N, Conroe, TX 77304, phone 866-614-2731. Keep a dated copy for your records.

Step 3: Submit Additional Evidence

Under 20 C.F.R. § 404.935, you should submit any new evidence "no later than five business days before the hearing"—but earlier is better. Request complete records from local facilities such as:

• CHI St. Luke’s Health–The Woodlands Hospital

• Houston Methodist The Woodlands

• Conroe Regional Medical Center

Step 4: Prepare for the Administrative Law Judge Hearing

The hearing office that serves Montgomery is the Houston-Bissonnet Office of Hearings Operations (OHO). Average wait times are roughly 10–12 months, so use the interval to line up supportive medical source statements and vocational evidence.

Step 5: Appeals Council & Federal Court

If the ALJ rules against you, file for Appeals Council review. They may reverse, remand, or deny. A final denial opens the door to U.S. District Court for the Southern District of Texas, Houston Division. Federal judges review legal errors, not new evidence, so preserve all issues early.

5. When to Seek Legal Help

Benefits of a Montgomery Disability Attorney

• Case Development: Attorneys know which diagnostic codes satisfy SSA’s Listing of Impairments.

• On-the-Record Requests: A skilled lawyer may secure a favorable decision without a hearing.

Fee Regulation: SSA caps standard attorney fees at 25 percent of past-due benefits, not to exceed $7,200 (effective Nov. 30, 2022)—see SSA Fee Agreement Information.

• No Up-Front Cost: Most SSDI lawyers—including those serving Montgomery—work on contingency.

Texas Licensing Rules

In Texas, attorneys must be licensed by the Supreme Court of Texas and remain in good standing with the State Bar. Non-attorney representatives are permitted before SSA but must satisfy requirements in 20 C.F.R. § 404.1705. Always verify any representative’s credentials through the State Bar of Texas or the SSA’s Appointed Representative Services (ARS) directory.

6. Local Resources & Next Steps

Social Security Field Office

Conroe SSA Office 600 Sgt Ed Holcomb Blvd N Conroe, TX 77304 Phone: 866-614-2731 Hours: Mon–Fri 9 a.m.–4 p.m.

Medical & Vocational Evidence Sources

• CHI St. Luke’s Health–The Woodlands (records: 832-355-1000)

• Houston Methodist The Woodlands (records: 936-270-2000)

• Lone Star College Workforce & Career Services (for vocational rehab documentation)

Free & Low-Cost Assistance

Texas RioGrande Legal Aid—may assist low-income claimants during the ALJ stage. Lone Star Legal Aid—serves Montgomery County with disability benefit issues.

• Montgomery County Social Services (936-539-9211) for emergency financial help while appeals are pending.

7. Frequently Asked Questions

How long does the entire SSDI appeals process take?

Average timelines in Texas run 3–5 months for Reconsideration and 10–12 months to obtain an ALJ hearing. Appeals Council review may add another 6–8 months. Patience and persistence are essential.

Will working part-time hurt my appeal?

Yes, if gross earnings exceed the SGA threshold. Even earnings below SGA can complicate your RFC analysis. Discuss all work activity with your representative before proceeding.

Can I apply for SSI while appealing SSDI?

Yes. Supplemental Security Income (SSI) is need-based and can be pursued concurrently, provided you meet financial criteria (20 C.F.R. § 416.202).

Legal Disclaimer

This guide provides general information for Montgomery, Texas residents and is not legal advice. Laws and regulations change; consult a licensed Texas attorney for advice on your specific situation.

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