How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

What is the Difference Between Filing A New Disability Claim And Filing A Disability Appeal?

Filing a new disability claim generally involves more paperwork and takes more time than filing an appeal of a Social Security Disability or SSI denial. In order to file a new disability claim, an individual must do what they did on their original disability application, which is to complete a disability application either by phone, in person, or online.

If the disability applicant chooses to file their new disability claim online, a Social Security claims representative (at a local social security office) may still have to recontact them if they have opted to file an application for SSI (Supplemental Security Income) disability because there is no online application at present.

If an individual files their new disability application online, they must also complete the disability report (form SSA-3368) so that Social Security has their medical information as well as their work information. Once everything is completed online, Social Security still needs a printed medical release form (form SSA-827) signed and returned to the local office before the disability claim can be sent to the state disability agency (DDS, or disability determination services, where cases are evaluated by disability examiners) for a decision.

If the disability applicant chooses to file their new disability application by phone or in person, a Social Security claims representative (a CR) will complete the application and disability report, the only difference being that the representative will also get their medical release form from them if they do an in-person interview. Of course, if you prefer filing by phone, you will still have to sign a medical release form and return it.

Once the new disability application and forms are complete, the disability claim is sent to the state disability agency for a decision. This process requires the disability examiner to send out requests for the disability claimant’s medical information and, based on what information is obtained from the claimant's treatment sources, make a determination as to whether or not a consultative examination is needed in order to make a decision.

A consultative exam, or CE, is performed by a doctor who is under contract to either test or examine applicants for disability benefits. Consultative exams may be short physical examinations, but they may also entail pyschiatric testing, intelligence testing, and even being sent to have xrays done. If a consultative examination is needed, the disability claimant will have to attend the examination prior to a decision being made.

All of this must be done on a brand new disability claim. And claimants should consider the time factor when considering whether to file an appeal of a denied claim, or deciding to start over with a brand new claim. It takes far more time on the disability applicant’s part to file a new disability claim than it takes to file an appeal of a disability denial. Filing an appeal is also somewhat easier as a disability claimant can file their appeal online or complete and return the appeal paperwork to their local Social Security office.

Disability appeals have the advantage of not involving an interview with a claims representative as would be the case with filing a new disability application. On an appeal, the disability claimant only has to provide updated medical and work information to Social Security. Additionally, a disability applicant’s disability appeal can be handled by an attorney or non-attorney representative with little or no direct contact between Social Security and the disability applicant.

However, the most important reason to file an appeal versus filing a new disability claim is that an individual’s chances of being approved for disability benefits are much better if they use the disability appeal process. Individuals who are initially denied can file a request for a reconsideration and if this appeal is also denied, the claimant can request a hearing before an administrative law judge. At such a hearing, a represented claimant may have their best chance of being approved for Social Security Disability or SSI benefits.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

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?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

Related pages:

Social Security Disability Appeal Attorney Fees
Can you get disability the first time you apply?
Should I get a lawyer for my disability hearing for SSD or SSI?
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
If you apply for disability in in Louisiana
Getting a Disability Lawyer in Louisiana

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

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?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.