Should you appeal your initial application denial or reapply if you are denied disability benefits? If the Social Security Administration (SSA) states your disability is not severe enough to receive benefits, appealing the decision is usually the right move. Many individuals believe that by simply reapplying the SSA may approve their new application, but statistically this is not accurate. In my experience, it is in your best interest to appeal the initial denial.
After your initial application is denied you have sixty (60) days to file a Request for Reconsideration. Many individuals refer to this as an appeal. The Request for Reconsideration is basically saying to the SSA that they made a mistake and need to take another look at your claim. When you file your reconsideration, the SSA should also gather any new evidence for your claim as well. If you submit the appeal on your own, you should include the updated information when prompted. If an attorney or representative completes your appeal for you, they should be in touch with you for updated information.
Unfortunately, the majority of these requests are also denied. Once again you will have sixty (60) days to file an appeal and request a hearing in front of an Administrative Law Judge (ALJ). Some statistics have shown you odds of winning your claim will increase at this stage.
The majority of successful disability claims ultimately end up in front of an ALJ. An administrative Law Judge is not bound by prior decisions by the SSA and is supposed to take a fresh look at your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim.
In my experience as a Social Security Disability attorney it is very important to appeal your denied claim within the time limits set forth by the SSA. It is also my experience that simply reapplying time after time with an initial application is usually not the best course of action to receive a favorable outcome in your disability claim.
Filed under:Appeals Process, Claims Process || Tagged under: appeal, attorney, disability, Indiana, initial application, lawyer, reapply, reconsideration, ssa
Author: Scott Lewis