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
Ask a question, get an answer
If you are Denied for Disability, Should you File a new Application or File an Appeal of the Denial?
When it comes to social security disability and SSI claims (which are processed in exactly the same manner as each other, both programs using the same standard SSA definition of disability), there is usually very little point to filing a new disability application after a disability application has been denied.
Filing a new disability application will mean that the claimant will need to go back to the social security office where they filed their first claim and repeat all the same previous steps, including going through another disability application inteview, filling out the same application paperwork, furnishing the same information regarding the medical treatment history and work history, and having the claim sent off to determination determination services (DDS) where it will be decided by a disability examiner yet again. Predictably, when this happens the claimant can usually expect to receive the same answer on their application (which means being denied).
There is typically only one circumstance in which it makes sense for the claimant to file a new claim after being denied on a disability application. And that is a situation in which a claimant has filed a disability claim and it has then been discovered that the individual is working and earning too much income...to even be eligible to file a claim.
When this happens, the social security administration will issue something known as a technical denial. The denial will have nothing to do with the claimant's medical condition because no medical determination will have been performed on the case. The case will have been stopped "dead in its tracks" by the mere fact that the claimant was working and earning too much to even be considered.
If a claimant receives a technical denial based on the fact that they were working and earning too much income, it would be pointless to file an appeal. The correct response in that situation would be to file a brand new disability application--assuming, of course, that the claimant was no longer working, or had at least decreased their work hours and brought their income level down.
However, in all other cases, the correct response after receiving a notice of denial (formally known as a notice of disapproved claim) would be to file an appeal.
The first appeal is something is something known as a request for reconsideration; and while the chances of being approved for disability benefits on a reconsideration are very low (reconsiderations generally have about 13-15 percent rate of approval), getting a denial on a reconsideration will allow a claimant to file a request for a disability hearing.
At social security hearings conducted by an ALJ (administrative law judge), a claimant will usually have better than a 60 percent chance of winning benefits, even more so if their case is properly prepared and presented by a disability attorney or a qualified non-attorney claimant's representative.
Return to: Social Security Disability Resource Center, or read answers to Questions
If I Get Denied Twice For SSD or SSI Disability, What Do I Do?
What Are The Reasons For Social Security Disability Cases Being Denied?
What happens if you get denied for social security disability three times?
Why Will A Social Security Disability Application Get Denied?
How Many Times Will Social Security Disability Deny You before You Get Approved for Disability?
Can You Avoid Being Denied on a Social Security Disability or SSI Claim?
What happens if a reconsideration for Social Security Disability or SSI is denied?
What should be done if your disability is denied?
How do you appeal if you are denied for Social Security disability or SSI?
Should you get Help from a Disability Attorney before the Claim has been Denied?
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