Wednesday, September 27, 2006

If you get denied for disability should you apply again?

I think I've answered this question a number of times already, but I'll address it again. Reason: I was looking at the responses to this question that were provided in an internet forum and, obviously, no one seemed to understand how to properly answer the question.

So let me state the question again. If you get denied for disability should you apply again? No. You should not apply again. You should appeal. You have sixty days from the date of your last denial to file an appeal (actually, you have 65 days since social security will give you an additional five days for mail time--which they never tell you about). However, you should not waste any of this time. You should, instead, get the appeal going ASAP. In other words, if you have a lawyer, call them and let them know that you have received a denial notice (they should receive a copy... but sometimes SSA drops the ball on this) so they can file your appeal for you. If you are not represented, immediately contact the social security office and let them know that you wish to file an appeal.

Why do so many people think that a claimant who has been denied should file a new application? Simply this: they don't understand the process. A claimant who gets denied for disability and decides to apply again will just get denied again.

A claimant who gets denied, however, and files an appeal will probably also get denied on their appeal. BUT---after the first appeal has been denied, the claimant can request a disability hearing. And it is at this stage of the process that a claimant who has been initially denied will stand their best chance of being approved for disability. But you can't get to a disability hearing unless you follow the appeal process.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

Getting Disability
Getting ready for a disability hearing
How long does it take get a decision after a Disability Hearing ?