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

If you get denied on a disability application do you have to file a new application?

For the approximately 70 percent of individuals who get denied at the disability application step but decide to continue on through appeals, the disability process will usually involve the following:

1. An initial filing (the application, which the claimant has already gone through).

2. A request for reconsideration appeal (basically, a second look at the claim if the application is denied, as well as the opportunity to have additional evidence reviewed by the reconsideration examiner if there is new information).

3. A a hearing before an administrative law judge (requested when reconsideration appeals are denied).

Should you immediately file a new application if your current application is denied? In nearly all cases no. You should file a request for reconsideration, the first appeal. In a small percentage of cases, a claim will be denied for a non-medical reason, such as the claimant working at or above the allowable limit for earned income (SGA limit).

In those cases, the claim will have received a technical denial at the Social Security office and will not even have been assigned to a disability examiner for processing. Or the issue of being over the income limit will have been discovered by the disability examiner, the result being that the case is "denied for SGA". In either situation, there is no point in filing an appeal and the claimant may wish to file a new claim provided that they are no longer working, or their earnings have dropped below the SGA limit.

In nearly all other situations, however, a person who has been denied will wish to file a request for reconsideration appeal, not file a new claim--simply because there will be no point in filing a new claim since it will be likely to be denied again.

While the reconsideration appeal is also likely to be denied, once a claimant goes through the reconsideration phase, they can request a hearing where the odds of approval rise substantially.

Filing an appeal after being denied

If you learn that you have been denied for disability benefits, either under the title II Social Security Disability or title 16 SSI disability program, you will receive a notice of denial that contains an explanation of your appeal rights.

At anytime within 65 days of your disability denial notice date (this includes 60 days for the actual appeal time plus an additional five days of mail time which the social security administration will allow you), you have the right to file an appeal.

It is not uncommon for appeals to be missed. In some cases, this is due to a simple error on the part of the claimant. In other instances, this is because the appeal paperwork was never received by the claimant from the social security office, or was mailed back to the social security office and never received there. This, of course, illustrates the high value of doing followups on any paperwork that has either been requested or mailed out.

Note: It sometimes occurs that the time period for submitting an appeal expires because the claimant never became aware that their case was denied in the first place. Again, this points to the need for occasional follow-ups on the status of a case.

If you intended to file an appeal following the denial of your disability application, but missed the appeal deadline, you have two choices. You can file a new disability application with the social security administration or you may request that good cause be given for your late appeal filing.

If the Social Security Administration determines good cause, then your disability claim will be appealed to the next level. If good cause cannot be given, then you will have to file a new application for social security disability or SSI disability benefits.

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

Related pages:

How to apply for disability and where to apply
Filing an Application for Disability Benefits under SSD or SSI - Step by Step
Tips on how to file for disability
What is the Application Process for Social Security Disability and SSI?
What happens after I file my disability claim with Social Security?
What happens after a Social Security Disability or SSI Claim has been taken and is Pending
If you get denied on a disability application do you have to file a new application?
How the Decision on a Disability Application or Appeal Under SSDI or SSI is Made
Why do you receive a Social Security Disability benefit back payment?
Why is Charcot-marie-tooth not on the Social Security Disability list of impairments?
How a Social Security Disability or SSI award is made

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

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
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?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria