Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

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.

Return to:  Social Security Disability Resource Center, or read answers to Questions

Related pages:

How to file for disability in New Jersey NJ
Filing for disability with HIV
Winning a disability case for a child
Appealing a disability denial by a judge
Different types of Social Security Disability denials
Social Security Attorneys and Disability Representatives
Disability lawyers - basic questions for Social Security help
Social Security Disability benefits for stroke
Basic Facts about the Administrative Law Judge Social Security Disability Hearing
Temporary Social Security Disability SSI
Filing for retroactive disability benefits
Can I qualify for SSI benefits due to having angina?
Social Security Disability Approval and Denial Rates
Social Security Disability SSI reviews
What does Social Security Disability SSI pay, how much?

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 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