Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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What Happens When You File A Second Social Security Disability Claim?
If you are filing a second SSA disability claim (under Social Security Disability or SSI), the chances are you did not appeal your initial disability denial or perhaps you have gone through the entire appeal process and were not approved for disability benefits.
If you did not appeal your initial disability claim denial, here is some advice: If your initial disability claim is denied, the best course to take is to file an appeal. The chances are, if your initial disability claim is denied that you are unlikely to be approved on multiple initial disability claims.
The reason for this is fairly clear. The decision on the initial disability claim is made by a disability examiner at disability determination services, the state-level agency that makes claim decisions for the social security administration. Claimants who are denied on a claim and then file a brand new claim (as opposed to filing an appeal) will simply be subjected to the same evaluation process. The process does not change, and, therefore, the outcome does not change.
The goal in filing a disability claim is to win your disability benefits, and you cannot do that if you are constantly filing initial disability claims that are denied. Despite this fact, there are many claimants who never utilize the appeal process and, instead, simply file new claim after new claim after new claim.
As a disability examiner, I frequently saw cases in which the claimant had filed as many as seventeen claims. In the time that had been consumed with these multiple new claims, the claimant could have A) filed a reconsideration appeal, and if that appeal had been denied (reconsiderations are usually denied) then B) filed a request for a hearing before an administrative law judge. At a hearing, the chances of approval can be exceedingly for those with competent representation; claimants with representation, in fact, have a better than sixty percent approval rate.
To appeal your initial disability claim, you need to submit a request a reconsideration. You can get the process started by simply contacting the local social security office at which point they will send you the appropriate forms.
If you have representation, of course, your representative will take care of this. Whoever does the appeal, however, should complete the appeal paperwork (or online forms if the appeal is being done online) and return any necessary forms to Social Security.
If you file your appeal online, make sure to complete the disability report form (the form that gathers your medical and work information) as well as your online appeal form. Remember, it is important to return any necessary forms to SSA and within the appeal time period (appeals must always be submitted within sixty days from the date of the last denial).
Do not be discouraged if your reconsideration appeal is denied because the vast majority of these appeals are denied (in most states, more than 80 percent of reconsiderations are turned down), and generally they are just the next step toward an administrative law judge hearing.
Administrative law judge disability hearings are the most "winnable" level of the Social Security disability process; as was previously stated, approximately two thirds of all disability applicants who appeal their disability claim to this level, and have representation, win their SSD or SSI disability benefits.
That takes care of those who failed to file an appeal of their initial disability claim. But what about those who have filed and gone through the appeal process, only to be denied at their disability hearing?
If you were denied at your administrative law judge disability hearing, you should consider what might have caused your claim to be denied. Some things you just cannot help such as your age. Some younger individuals with disabling impairments have a hard time winning disability benefits even at a disability hearing.
However, there are other individuals who are denied at their hearing because they were not prepared and could not convey a good picture of their disabling condition or conditions; or they decided to represent their own disability claim at their hearing while knowing absolutely nothing about Social Security disability medical and vocational disability guidelines.
Claimants who are denied at a hearing have several options. They can give up. They can take the next appeal step, which is the appeals council where the decisions of administrative law judges are reviewed. They can file a brand new disability application. Or, they can file a brand new disability application while simultaneously filing a request for an appeals council review of the judge's decision (often, this last choice is the best).
Return to: Social Security Disability Resource Center, or read answers to Questions
What is the Difference Between Filing A New Disability Claim And Filing A Disability Appeal?
How Likely Is It That A Social Security Disability Claim Will Be Won Prior To The Hearing Level?
How do you find out if a Social Security disability claim has been approved or even denied?
What Happens When You File A Second Social Security Disability Claim?
What Happens in the processing of a disability claim after you file?
A Short Checklist for Filing A Disability Claim Under SSI or SSD
Will Your Claim for Disability be Handled Differently if Based on a Physical or Mental Problem?
How to Claim Disability Benefits through Social Security
How to claim disability benefits in North Carolina
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria