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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

Filing a new disability application with Social Security



 
A disability claimant who has been denied on a disability claim with social security should appeal the disability denial instead of filing a new claim.

Why should you do this? Because cases that are adjudicated (decided) at the level of the state disability agency (depending on where you live, this agency will be known as disability determination services, the bureau of disability determination, or something similar to either of these) tend to have less of a chance of being approved than cases that are decided by a disability judge at a hearing.

In fact, there is a substantial statistical differences between approval rates on cases handled by disability examiners (examiners decide cases at the initial claim level and reconsideration level) and cases handled by administrative law judges. Therefore, for this reason, it will be in a claimant's best interests to get their case heard by a disability judge.

However, this can't happen until a claimant A. has been denied on a disability application, B. has filed a request for reconsideration, C. has been denied on a reconsideration, D. has requested a disability hearing, and, finally, E. has managed to get to a disability hearing after many months of waiting.

Filing a new disability application every time a denial on a Social Security Disability or SSI claim has been received, of course, interrupts a claimant's progression through the disability appeal process.

Are there situations in which you should actually start a new application instead of appealing. Yes, if you applied for disability but received a technical denial (for example, a denial in which you were immediately denied because you were still working and earning too much to be considered for disability, meaning that your medical records were never requested), then it would make little sense to file a disability appeal. However, in nearly every other scenario, the best course of action will be to file an appeal.








Essential Questions

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Can you work while getting or applying for Disability?

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Tips for getting Social Security Disability or SSI benefits approved

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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



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Filing for disability with HIV
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Appealing a disability denial by a judge
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These pages provide answers to basic questions about pursuing disability benefits

Social Security Disability attorneys and representatives
What is the status of your Social Security Disability or SSI case
Rules and requirements to apply for disability
Will I qualify for disability?
Apply for disability for any medical condition
Steps and Tips for requesting a disability hearing
If your disability claim is approved or denied
Social Security Award letter for SSD, SSI
Temporary Social Security Disability SSI
Social Security Disability SSI reviews
How social security evaluates attention deficit
Filing for disability with Post polio syndrome
Tips for Getting Disability Approved
How far back Social Security will pay SSDI or SSI
SSI award notices are received by approved claimants
Winning and getting disability with a mental condition
Getting disability for rheumatoid arthritis
Can you work if you get Disability?
Who qualifies for SSI and how
How to file for disability and where to apply
Conditions that may qualify as disability
Denied on a disability application
Answering questions at a Social Security Disability hearing








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.