Can I Apply for Social Security Disability After Being Denied?

Should I Reapply for Social Security Disability if My Claim is Denied?

There is No Limit on the Amount of Times You Can Apply for Disability Benefits. But You Should Consider Several Factors When Deciding Whether You Should Appeal a Denial or File a New Application for Disability Benefits.

I am guessing that you are reading this article for one of a number of reasons.

Maybe you just received a denial letter from the Social Security Administration (SSA) and want to know if you should reapply for disability benefits or appeal the decision.

Maybe you just attended a Social Security Disability hearing in front of an administrative law judge and do not think it went well, so you are planning for the future.

Or maybe you returned to work after the SSA denied your disability claim several years ago, but your health has declined or you have suffered a work injury and you want to know if you can reapply.

Whatever the reason, you are in the right place to learn more about reapplying for disability benefits after receiving a denial.

The purpose of this article is to discuss the differences between appealing a disability denial and filing a new disability application. And when reapplying for disability is the best decision for you..

If you have questions after reading this article, or are looking for a top-rated Richmond disability lawyer or Norfolk Social Security attorney, call me for a free consultation: (804) 251-1620 or (757) 810-5614. I help disabled adults and children throughout the nation win their cases. And I am ready to help you.

You Have Three Options if the Social Security Administration Denies Your Claim: Appeal the Decision, Reapply for Disability, or Do Nothing

If your Social Security Disability claim is denied you can either file an appeal or file a new application.

You can also give up on your claim and do nothing.

But if you are reading this article, I bet you are willing to keep fighting for the disability benefits you deserve. Your decision, therefore, is between reapplying for disability and appealing the denial to the next step in the process.

Can I Appeal a Denial and File a New Application for Disability Benefits at the Same Time?

No.

You cannot reapply for disability benefits if you have appealed a denied claim and that appeal is still pending.

There is, however, an exception to this rule.

If you have exhausted all appeals with the Social Security Administration, meaning you were denied by a judge after a hearing and by the Appeals Council after requesting review of the judge’s decision, and have filed a lawsuit in federal court, you may reapply for disability while your lawsuit is pending. You can have a lawsuit pending in federal court and a new application pending before the Social Security Administration.

I always advise my clients to file a new application when I am pursuing their disability case in federal court. No exceptions.

Most of you reading this, however, have not reached the federal court level and will have to decide between filing an appeal and reapplying for disability benefits.

Should I File an Appeal or Reapply if My Disability Application is Denied?

Whether filing an appeal or reapplying for disability benefits is the best course of action depends on where you are in the process and why you were denied.

Usually it is better to appeal your disability denial than to file a new application. That is because you get an initial protective filing date, which you continue to use when you appeal. If your appeal is successful and you receive a fully favorable decision, your backpay is calculated using the protective filing date. Depending on how long it takes to get approved, you may receive tens of thousands of dollars in disability backpay.

When you reapply for disability instead of appealing, you receive a new protective filing date. This new date is more recent than the initial protective filing date from your original application. If you receive a fully favorable decision in your new disability case, your backpay is calculated using the new protective filing date, which reduces the amount of backpay.

There is an exception to this rule also. Some of you can use your new application for disability to reopen your old claim that was denied. This allows you to use the first protective filing date and to receive more backpay potentially. I discuss this in more detail later in the article.

When Should I Appeal a Denied Disability Claim Instead of Reapplying?

I recommend appealing the disability decision if you are denied at the initial or reconsideration level.

Most people with good cases and good disability lawyers are denied twice before getting approved.

What happens is the disability application is filed, then denied by an examiner with Disability Determination Services (DDS). Then a request for reconsideration appeal is file,d which is denied by a different examiner with DDS. Finally the claimant appeals the denial and requests a hearing before a judge. At the hearing the claimant is able to tell their story, present oral argument from their attorney, and respond to questions from their attorney, the judge, and the vocational expert directly. These factors explain why you have a better of chance of winning at hearing than at the initial or reconsideration levels.

The Social Security Disability appeals process is long, complicated, and confusing, with lots of paperwork. But you will likely have to go through multiple appeals to get approved, even if you reapply and file a new initial disability claim. Before deciding whether to appeal or reapply, think about discussing your case with an experienced attorney.

When Should I Reapply For Disability Instead of Appealing a Denial?

Sometimes reapplying for disability and filing a new application is the better choice.

I recommend filing a new application if:

• You missed the deadline to file an appeal. You have 60 days to file an appeal at each stage of the disability process. Though the SSA will allow a late appeal if you show good cause for missing the deadline, these “good cause” motions are rarely granted in my experience and you are better off filing a new application.

• A judge denied your claim. You have the right to ask the Appeals Council to review the judge’s denial, but a low percentage of these appeals are granted and it can take a year or more to get a decision from the Appeals Council. Filing a new disability may be a better decision.

• Your medical condition is worse now than when you first filed an application. You can use additional evidence and information about the change in your health to try to get approved on a new application.

• You now have health insurance or other health care coverage and can get medical treatment consistently. Many disability applicants are unable to afford private health insurance because they are unable to work and earn income. And depending on where you live, it may be difficult to find free or reduced-cost health care clinics that provide all the medical attention you need. Unfortunately this lack of medical treatment results in a lack of hard evidence, which increases the likelihood your disability claim is denied. You may have success with a new application if you can now provide medical records and reports that support your testimony.

• You turn 50, 55, or 60 years of age in the next two years. The older you get, the easier it becomes to prove you are disabled under the Social Security Act. These three ages – 50, 55, and 60 – are significant because the SSA will evaluate your claim differently when you reach these ages.

• You did not cooperate with the Social Security Administration. If you failed to attend consultative examinations (CEs), provide medical records from your treating providers, or complete the paperwork requested by the disability examiners, appealing is unlikely to help you get approved. You should reapply for disability and start cooperating with the process to give yourself the best chance of winning.

Do Past Social Security Denials Hurt My New Application?

No.

Prior disability denials should not hurt your chances of getting approved on a new application, as long as your age category or health has changed, or you have new medical or vocational evidence to present.

I say “should not” because there is always a chance that the disability examiner or judge will view your prior denials negatively. Though filing two or three new applications is not a problem usually, the examiner or judge may consider you a “serial disability applicant” if you have filed four or more applications. This could result in them finding your testimony about symptoms and restrictions not credible. Though unfair, this is a reality you must address to give yourself the best chance of getting approved.

Is It Common to Have to Reapply for Disability Benefits After a Denial?

Yes.

Many people have to apply for Social Security Disability benefits more than once before getting approved. That is because the Social Security Administration denies so many applications on both medical and technical (non-medical) grounds.

According to the Annual Statistical Report on the Social Security Disability Insurance Program, 2018, only 33 percent of applicants were awarded benefits for the period from 2008 through 2017. That means approximately 67 percent of disability applications were denied.

Perhaps the worst news, however, is that disability approval rates continue to drop each year. The Social Security Administration approved just 28.8 percent of disability applications in 2016 and only 26.1 percent of disability applications in 2017. It is getting more and more difficult to get disability benefits.

These numbers are consistent with what I have seen representing disabled adults and children in Virginia, Maryland, Washington DC, and North Carolina. For example:

• Just 39% of applicants are awarded disability benefits at the hearing level in Virginia. That means the number of approved claims is even lower because many disability applicants give up after being denied at the initial and reconsideration levels.

• If your claim is decided by a judge in Social Security’s Richmond or Charlottesville Hearing Offices, there is a higher likelihood you will need to reapply for disability because your claim is denied. These two offices approve less than 37% of all claims appealed to the hearing level, whereas more claims are approved by judges in Social Security’s Norfolk and Roanoke Hearing offices.

Don’t worry if you have to reapply for disability after being denied by the Social Security Administration. The facts show that you are not alone.

Is There a Limit on the Number of Times I Can Apply for Social Security Disability?

No.

There is no limit on the number of times you can reapply for Social Security Disability benefits or Supplemental Security Income.

I have helped many disabled adults with two, three, and even four denied claims reapply and get approved for Social Security Disability.

Filing a New Disability Application: How Long Should I Wait to Reapply?

There is no law or regulation that states you have to wait a specific number of days before reapplying.

You can reapply for disability immediately. But whether you should do so is a different story.

Before reapplying make sure you understand why you were denied on your last application. And create a plan to overcome the basis for your denial. If nothing is different with your application, or you have not experienced changes in your health or obtained more evidence, you will probably de denied again.

Look Into Using Your New Disability Application to Reopen Your Past Denial

Some of you can use a new application for disability to reopen prior claims. The benefit of doing so is that you can use the protective filing date from the prior claim, making it possible to receive more backpay and to qualify for Medicare or Medicaid sooner.

Here are the basic rules for reopening a disability claim using a new application:

• If the Social Security Administration denied your claim less than 12 months ago, you can use your new application to reopen your old claim. This is a good option if you did not submit the appropriate medical evidence or cooperate with the disability examiner during your first application.

• If the Social Security Administration denied your claim more than 12 months ago, you can still reopen your old claim. But doing so is more difficulty. You will have to show that you have “new and material” evidence about your claim that would have resulted in a finding of disability on your last claim. Usually the “new and material” evidence is medical in nature, but it can also relate to vocational and work history issues.

Look into the rules for reopening a prior claim any time you file a new application for Social Security Disability. It could put thousands of dollars in your pocket.

Hire a Top-Rated Attorney To Help You Reapply for Disability and Get Approved

Applying for disability benefits over and over again is frustrating and can make you lose hope.

But you do not have to fight for your Social Security Disability benefits alone.

I cannot take away your pain or heal your medical condition. But I can help reduce your stress and put you in the best position possible to get approved.

Call now for a free consultation: (804) 251-1620 or (757) 810-5614. There is no fee unless I help you get approved.