Social Security appeal - Is it better to appeal or file a new claim if your disability is denied?

How to prove you are disabled
and win disability benefits

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.

Return to: SSDRC, or the Questions, Answers, Tips, and Advice page

Individual Questions and Answers

The Qualification Criteria for Social Security Disability

Filing a Social Security Disability Application - How to File & the Information that is Needed by SSA

Is getting social security disability easier for mental or physical problems?

Will SSD Be Based On Newer Or Older Medical Records?

Applying for disability benefits in Michigan

What does SSA consider a severe impairment for Social Security Disability or SSI Disability Benefits?

If You are Denied for Disability, What Should You do First?

Does The Social Security Disability Reconsideration Have A Time Limit?

What is the Chance of Winning an SSA appeal for disability?

Methods of Eligibility for Social Security Disability Children Benefits

To qualify for Social Security disability or SSI, how severe must a condition be?

If you are applying for Social Security disability when does Medicare start ?

Who is eligible for SSI Disability?

If I get disability will my children receive benefits ?

Qualifications for SSI and Social Security Disability

Medical Disability Requirements for SSD and SSI

ADHD, Social Security Disability, and Applying for Benefits

Social Security Disability Mental Testing

Can You qualify for Social Security disability or SSI on the basis of anxiety or panic attacks ?

Will I Qualify For SSI, How Do I Get Approved?

Should you get Help from a Disability Attorney before the Claim has been Denied?

If You Are Represented For Social Security Disability or SSI, When Do You Pay The Fee?

The Qualifications for Disability Benefits and the Types of Evidence Social Security Looks at

Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge

Who qualifies to Claim Disability Benefits under the SSD or SSI program?

How much does Social Security pay in disability benefits ?

Is there a Maximum I can Work and Make if I am on SSD or SSI Disability Benefits?

Social Security Disability SSI - Retroactive Benefits Vs Back Pay Benefits

Hiring a Qualified Disability Lawyer in Minnesota

Fibromyalgia and disability

Can You Appeal A Decision By A Judge On A Social Security Disability or SSI Case?

How Long Will It Take For A Decision Letter For Social Security Disability?

Applying for disability benefits in Wisconsin

Social Security Disability SSI and Traumatic Brain Injury (TBI)

SSD and SSI are Federal Programs

The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Recent approval and denial statistics for various states can be viewed here:

Social Security Disability, SSI Approval and Denial Statistics by state

Special Section: Disability Lawyers and unnecessary claim denials