January 18, 2022

How to resubmit a disability claim

There is no limit to the number of times you can sign up Social Security Disability Insurance (SSDI) or Additional security income (SSI). A more pertinent issue, if your application for benefits is denied, may be whether you are better off? appeal the ruling or start over with a new request.

Unless you’re applying for a different medical condition than before, disability attorneys generally prefer profession, says Lea Robbins, a staff attorney with the National Organization of Claimants’ Representatives in the Field of Social Security, a professional association for lawyers and lawyers for the disabled.

But she notes that every situation is different. Whether it is best to appeal or reapply will depend on the specifics of your case. Why were you rejected? Has your condition changed since you signed up? Can you provide new or better evidence that you meet the Social Security definition of disability? illness or injury so that you do the most paying work for at least a year?

A lawyer or professional lawyer well-versed in disability law and Social Security procedures can help you weigh the pros and cons of each approach in light of your circumstances. Here are some general things to consider.

Retroactive benefits

The date you notify the Social Security Administration (SSA) of your intention to file disability benefits is called your “protective filing date.” If the claim is approved, you can: pay back, or arrears, dating back to that date (and, with SSDI claims, up to 12 months prior).

The protective filing date will remain in effect throughout the appeal process. If you file a new claim, you will get a new, more recent protection date and therefore less back pay if you win. This is “the main advantage of filing an appeal versus filing a new application,” Robbins says.

Chance of success

Social Security rejects nearly two-thirds of disability claims on medical grounds at the application stage. Many experts say that you are more likely to get benefits if you appeal than if you start over.

SSA statistics confirm this. From 2010 to 2019, Social Security examiners approved 36 percent of initial disability claims, according to the agency’s most recent annual report on the SSDI program.

Over the same period, more than half of the cases appealed and reached a hearing before an administrative judge — the second stage in the SSA appeals process and the first in which applicants can make pleadings and present witnesses — have resulted in benefits being promised .

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