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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

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 disability 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.








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

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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
How to file a disability appeal in New Jersey
If you apply for disability in in New Jersey



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.