Social Security appeal - Is it better to appeal or file a new claim if your disability is denied?Generally, it is better to appeal your claim denial instead of filing a new disability application. The Social Security Disability process begins with an initial disability claim that is filed at a social security office. However, the decision on the case is not made there. The Social Security Disability or SSI claim is sent to a state disability processing agency for a medical determination. In other words, this is where a decision is made as to whether or not a case will be approved. If the initial claim is denied, you should the appeal process by filing a reconsideration appeal. This is formally known as a request for reconsideration and it can be filed by either you or your disability attorney. Why is it important to appeal your disability claim instead of starting with a new application? Because there is, in most cases, no point to filing a new application. The chances are great if you are denied at the initial application level that you will be denied again on a second initial claim or on even a third initial claim. Consequently, you should move your disability claim to the reconsideration appeal level. The chances, are also great, of course, that your case will be denied again at this level. But, despite that fact, it will move your case one level closer to an administrative law judge hearing. The administrative law judge hearing is often an individual's best chance to receive an allowance for Social Security Disability, due to the fact that administrative law judges have more flexibility in making a disability determination than the individuals who work on claims at state disability processing agencies. The administrative law judge hearing may be the only chance an individual has of getting approval for Social Security Disability benefits. This is especially true for younger individuals who often have a more difficult time receiving an allowance for Social Security Disability because of medical and vocational disability rules that are more sympathetic to older individuals. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: How many times can I apply for disability in NC? The Levels Of The Social Security Disability and SSI Application and Appeal Process How does the Social Security Disability Appeal Process work? Is it better to appeal or file a new claim if your disability is denied? How Long Are You Given To Appeal Your Social Security Disability Denial? How Long Does a Social Security Disability or SSI Appeal Take? Will I be approved for disability on my appeal? What Happens If I Miss My Social Security Disability Appeal Date? How Do I Find Out How My Disability Appeal Is Going? Can You Work While You Appeal Your Social Security Disability Decision? How Long Does It Take To Get SSDI If You Have To Appeal? If Your Disability Benefits Are Stopped Can You Get Them While You Appeal? Winning a Social Security Disability Appeal or SSI Appeal If you apply for disability in in Georgia Will I qualify for disability Benefits in Georgia? |
