Overview of Disability
Disability Back Pay
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
SSD SSI Definitions
SSDRC authored by
SSDRC Disability Blog
Social Security appeal - Is it better to appeal or file a new claim if your disability is denied?
Generally, it is better to appeal your claim denial instead of filing a new disability application. The Social Security disability process begins with an initial disability claim that is filed at a social security office. However, the decision on the case is not made there. The social security disability or SSI claim is sent to a state disability processing agency for a medical determination.
In other words, this is where a decision is made as to whether or not a case will be approved. If the initial claim is denied, you should the appeal process by filing a reconsideration appeal. This is formally known as a request for reconsideration and it can be filed by either you or your disability attorney.
Why is it important to appeal your disability claim instead of starting with a new application? Because there is, in most cases, no point to filing a new application. The chances are great if you are denied at the initial application level that you will be denied again on a second initial claim or on even a third initial claim.
Consequently, you should move your disability claim to the reconsideration appeal level. The chances, are also great, of course, that your case will be denied again at this level. But, despite that fact, it will move your case one level closer to an administrative law judge hearing.
The administrative law judge hearing is often an individualís best chance to receive an allowance for Social Security disability, due to the fact that administrative law judges have more flexibility in making a disability determination than the individuals who work on claims at state disability processing agencies.
The administrative law judge hearing may be the only chance an individual has of getting approval for Social Security disability benefits. This is especially true for younger individuals who often have a more difficult time receiving an allowance for Social Security disability because of medical and vocational disability rules that are more sympathetic to older individuals.
Return to: Social Security Disability Resource Center, or read answers to Questions
The Levels Of The Social Security Disability and SSI Application and Appeal Process
How does the Social Security Disability Appeal Process work?
Is it better to appeal or file a new claim if your disability is denied?
How Long Are You Given To Appeal Your Social Security Disability Denial?
How Long Does a Social Security Disability or SSI Appeal Take?
Will I be approved for disability on my appeal?
What Happens If I Miss My Social Security Disability Appeal Date?
How Do I Find Out How My Disability Appeal Is Going?
Can You Work While You Appeal Your Social Security Disability Decision?
How Long Does It Take To Get SSDI If You Have To Appeal?
If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
Winning a Social Security Disability Appeal or SSI Appeal
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