SHOULD YOU APPEAL OR FILE A NEW APPLICATION?

When your application for Social Security disability or SSI is denied, should you appeal the decision or file a new application?

Many claimants make the mistake of filing a new application - or starting over.  While this may be justified in a small percentage of cases, it is usually a bad mistake.  It is nearly always better to appeal the original claim than to "start over" by filing a new claim.

By filing a new claim you lose your original application date and past due benefits that are based on the application date are also lost.

Unless you have significant new medical evidence, there is a high probability that your new application will also be rejected.

By filing a new application you remain in the "realm" of 70 percent denials; whereas, in the appeal "realm," there is a better than 50 percent chance of approval (at a hearing).

Thus, in nearly every circumstance, it is better to appeal your initial decision than to file a new claim. The appeal must be requested within 60 days of your denial letter or you lose appeal options.  

Talk to a professional Social Security representative, advocate or attorney.  They cannot charge you a fee until you collect money from Social Security and even then the representative's fee is strictly regulated by Social Security law.

Need to file a new application?  Need to appeal a recently denied claim?  Contact us right way (Remember the 60 day rule for appeals)!
 

THE FORSYTHE FIRM - Social Security Disability Specialists

(256) 799-0297

We are a local member of NOSSCR:
Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits. 
  

 

Comments

Post a Comment

Popular posts from this blog

I NEED HELP WHILE WAITING FOR DISABILITY

"I need help.  I've filed for Social Security disability months ago.  How can I survive until my case gets settled?" This is a good question.  If you are disabled, not working and have little or no income--survival is the question.  It may take months or years for Social Security to decide your case.  What can you do.  Here are some sources of help you may want to consider: FOOD STAMPS :  Contact your county's Department of Human Resources.  In Madison County, it's located at 2206 Oakwood Avenue NW.  Phone (256) 427-6000.  Website:   http://dhr.alabama.gov/counties/county_results.aspx?id=Madison MORTGAGE PAYMENTS :  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com   or call 1-877-497-8182. LOW COST MEDICAL CARE (DOCTORS) : Click on the link below for a list of low cost clinics near you.  http://www.needymeds.org/free_clinics.taf?_function=list&state=al UTILITY BILLS OR OTHER NEEDS: ...
Read more

YOU EARN SSDI BENEFITS - THEY ARE NOT WELFARE.

I speak truthfully when I tell people that Social Security disability is not welfare.  You paid for it, you earned it.  Claim it. Here's why the Social Security disability program is not welfare: 1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It came out of every paycheck you earned. 2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice. 3)  The Social Security program is self-financing.  It is not paid for out of the general US treasury.  FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund.  When you become dis...
Read more

HOW TO GET DISABILITY BENEFITS AT AGE 50

Image
If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are over age 50.  Why? Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age. The factors which Social Security must consider in determining whether a claimant is disabled are: age education prior work experience residual function capacity ( See definition below)* When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity). Definition of "Residual Functional Capacity' (RFC):  This is the maximum amount of work related activity that the claimant can do:  sitting, standing, walking, pushing/pulling, lifting, bending, etc.  T he RFC is key to getting a favorable d...
Read more