What is the partial disability process in Texas?
By Hogan Smith
Updated 07/02/2025
When people hear the term “partial disability,” they often think of Social Security Disability benefits. However, the Social Security Administration (SSA) does not offer partial disability benefits—only full disability benefits for those unable to engage in substantial gainful activity due to a severe condition. In Texas, partial disability usually refers to benefits under workers’ compensation, not SSA. Here is a detailed overview of how the partial disability process works in Texas under workers’ compensation laws.
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1. What Is Partial Disability Under Texas Workers’ Compensation
Under Texas workers’ compensation:
- Partial disability means you can perform some work but have permanent limitations or loss of function due to a work-related injury.
- The Texas Department of Insurance Division of Workers’ Compensation (TDI-DWC) provides benefits based on your impairment rating or work restrictions.
2. Types of Partial Disability Benefits in Texas
There are two main types:
a. Impairment Income Benefits (IIBs)
- Paid if you have a permanent impairment rating greater than 0% after reaching Maximum Medical Improvement (MMI).
- Payment amount is 70% of your average weekly wage before your injury, with minimum and maximum weekly limits.
- Paid for 3 weeks per percentage point of your impairment rating. For example, a 5% rating equals 15 weeks of benefits.
b. Supplemental Income Benefits (SIBs)
- Available after IIBs end if you have an impairment rating of 15% or higher and:
- You have not returned to work or are earning less than 80% of your pre-injury wages due to your injury
- You are actively looking for work or participating in approved vocational rehabilitation programs
3. How to Qualify for Partial Disability Benefits
To qualify:
- You must have sustained a work-related injury
- Be treated by a Texas workers’ compensation approved doctor
- Undergo evaluation to determine your impairment rating
Your doctor assesses your permanent limitations after MMI, which becomes the basis for your partial disability benefits.
4. How the Process Works
- Report your injury to your employer immediately
- Seek treatment from a workers’ compensation-approved provider
- Reach MMI, when your condition has stabilized
- Receive your impairment rating from your doctor
- The insurance carrier calculates your IIBs based on your rating
- If eligible, apply for SIBs quarterly by submitting required forms and job search documentation
5. Can You Get Partial Disability Through Social Security?
No. SSA only provides:
- Full disability benefits (SSDI/SSI) if you are completely unable to perform substantial gainful activity due to your medical condition
If you can work part-time or perform reduced duties, you typically do not qualify for SSDI, though you may qualify for workers’ compensation partial disability or long-term disability insurance if you hold a private policy.
How Hogan Smith Can Help
Navigating the partial disability process in Texas can be complex, especially if your injury prevents you from returning to your previous job. Hogan Smith can:
- Assist you with understanding impairment ratings and benefit calculations
- Help file appeals if your workers’ compensation claim is denied
- Coordinate your workers’ compensation and potential SSDI claims to maximize your financial protection
Contact Hogan Smith Today
Need guidance on partial disability benefits after a work injury in Texas? Contact Hogan Smith for a free consultation today. We will review your situation, explain your options clearly, and fight for the benefits you deserve to support your recovery and future.
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