Can I Appeal A Denial And File A New Application For Disability Benefits At The Same Time
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 judges 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.
Differences Between Social Security Disability Programs
There are two Social Security disability benefits programs: Supplemental Security Income and Social Security Disability . The medical requirements are the same for both programs, but the non-medical requirements differ substantially. It is important to understand the difference between SSDI and SSI to create a compelling appeal.
SSDI is a disability insurance program funded by payroll taxes. The program thus requires you to have paid enough into the system to claim benefits. In contrast, SSI is a means-tested benefit program for the needy. As such, it is limited to applicants whose income and assets fall below certain thresholds.
A veterans benefits lawyer who understands who qualifies for SSI can help you navigate the complexities of this process as it applies to your specific situation.
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.
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Disability Is Based On Drug Addiction
If you suffer from the abuse of alcohol or other drugs and that is the primary reason for your inability to work, you will not be eligible for SSD benefits. You may still be able to receive benefits for conditions in which alcohol or drug use were contributing factors, but the drug use itself cannot be the primary contributing factor to the disability.
Completing The Reconsideration Forms
Request for Reconsideration. This short form is easy to complete most of the information requests are simple and self-explanatory.
Do not elaborate where the form says, “I do not agree with the determination made on the above claim and request reconsideration. My reasons are:”
Instead, simply write, “I am disabled.”
Disability Report – Appeal. This form is designed to gather information about changes in your condition, new diagnoses, additional treatment, and changes in your daily activities since you filed your application. If there are no changes, it is OK to say so. If there are changes, describe any changes in your condition carefully. Do not exaggerate but do not minimize them either.
Focus on how your activities have changed since you last completed a disability report. If your activities are the same, you won’t need to spend much time on the Disability Report – Appeal.
Be sure to provide SSA with a current list of medications and the name and address of every medical care provider you have seen since you filed your application.
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New Rule On New Applications
In late 2011, the Social Security Administration changed its rule so that you now have to chose between filing a new disability application and appealing your claim to the Appeals Council. If you do file a new application after requesting an Appeals Council review, Social Security will forward the application to the Appeals Council to be combined with your existing case.
How Do I File A Disability Appeal
The second way to file the appeal is to file the appeal in paper form. You can download the Request for Reconsideration or Request for Hearing forms from the Social Security website. You will also need to download and complete the Disability Appeal Report. Complete the forms and take them to your local Social Security office. You can also get the forms from your local Social Security office.
We file the disability appeal for our clients so that they do not have to worry about appeal deadlines or using Social Securitys website.
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Reconsideration Of Continuing Disability Claim
Once you begin receiving disability benefits, your case will be re-examined periodically through a continuing disability review . The SSA may end your benefits for a variety of reasons, including:
- a determination that your condition has improved and you can now work, or
- your failure to cooperate in the CDR process.
If your benefits were terminated and you want to appeal the termination, you must request a reconsideration of a CDR at a hearing before a disability hearing officer . Before your claim goes to the hearing officer, it will receive a second review by a different DDS medical consultant and examiner who could reverse the prior decision to terminate your benefits.
Although the DHOs are not doctors or psychologists, they are allowed to form their own medical opinions about the severity of your physical or mental impairments. As you prepare for the DHO hearing, keep in mind that the SSA must show reliable evidence that you have had significant work-related medical improvement. This is a matter of medical judgment. Social Security must consider your treating doctor’s opinions on your limitations and whether they have lessened. If your case is borderline, you should win your appeal and your disability benefits should continue. If your claim is denied, your next step in the appeal process is to request a hearing before an administrative law judge .
How Can An Attorney Help You With Your Social Security Disability Appeal
If you are disabled and unable to work, yet you have been denied Social Security Disability benefits, do not face the appeals process on your own. The SSD appeals process can be extremely complex, and it is almost a certainty that you will have better results with an experienced Social Security Disability attorney from Carmichael Law Group by your side. We can help you understand the process, make sure crucial dates are never missed, take care of all the paperwork on your behalf, and keep you up to date regarding where your appeal is at any given time. To give yourself a much better chance of receiving the disability benefits you need and deserve, contact Carmichael Law Group today.
Contact us today for your FREE initial consultation.
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The Ssd Appeals Process:
You have60 days after your claim has been denied to appeal.
There arefour different levels in the appeals process:
- Reconsideration – Your files and claim will be reviewed by someone who did not take part in the original review. Typically this can be done without you being present however, if you are appealing your claim based on the need to prove that you still have a disability, you can meet with a representative in person.
- Hearing – This is an in-person hearing that will usually be held within 75 miles of your home. The administrative law judge will be someone who did not play a role in determining the outcome of your initial claim. You may be asked to provide additional information. You will also be allowed to provide witnesses to testify on your behalf . Both you and the judge will be allowed to question the witnesses. .
- Appeals Council – This is the step that can be taken if you receive a negative ruling during your hearing. During this step, the Appeals Council can choose to review the ruling from the hearing and determine if they believe it was a legitimate ruling. The Appeals Council will then either rule on the decision themselves, dismiss the appeal, or return the case to the original hearing judge and ask them to review it again.
- Federal Court – You may choose to pursue a Federal Court claim if you disagree with the Appeals Council’s decision or if the Council chooses not to review your case.
What You Should Do Following a Denial
How Many Times Can You Appeal A Social Security Decision
If you have been denied disability benefits, the next step will be to appeal the decision. There is not a set number of times that you can appeal a decision. That is because it is process, or series of steps that have to be completed in order to appeal the decision. Each one is different, therefore you will need to prepare differently for each stage in the process. There are four steps in the appeals process. With each step you will either be awarded benefits or denied and will have move on to the next step.
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Hire A Reliable Attorney
A qualified Social Security disability lawyer can help you in filling and submitting SSA forms, gathering relevant evidence, as well as managing other activities related to your appeal. On your own, you may feel overwhelmed given the complexity of the process. With a lawyer by your side, you are able to avoid any mistakes and ensure that you file an appeal without wasting any time.
Draft An Effective Appeals Letter
When you submit the designated SSA forms, you have only a few lines to provide your viewpoint on why the denial was not fair. However, you may want to provide a more detailed view of how SSAs reasons for denying your application were not right. This can be done by drafting an effective appeals letter and submitting this letter alongside the SSA form. You can also state see attached page on the form so that the SSA personnel who receive the form do not miss the letter.
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How Many Times Can You Apply For Disability Benefits
Submitted by Deanna on Wed, 07/28/2021 – 13:08Deanna’s Blog
For many applicants, the pursuit of Social Security Disability benefits might require more than one application for benefits, an appeal of a decision. Some cases might even require both.
The wait can be long and the process frustrating, but fighting for benefits is often something can’t always be avoided. A physical and/or mental limitations prevent you from earning a substantial living, however bills and expenses do not stop. Benefits through the Social Security Administration can help replace place income, allowing you to cover your daily expenses and other financial obligations.
There is no limit on the number of times you can apply for Social Security disability benefits or appeal a denied claim for disability benefits. But submitting a new application may not be the best course of action. In fact, reapplying at the wrong time may simply be a waste of your time and effort. The circumstances of your case will determined if the best course of action would be to start a new application, or if filing an appeal.
How To File A Long
Filing to appeal a long-term disability claim can be a long and frustrating process and requires patience because in many cases, your initial claim will be denied. One way to improve your chances of approval is to have a social security advocate or attorney on your side. The process of appeals involves 4 stages, or levels of appeal. These stages consist of Reconsideration, an Administrative Hearing, an Appeals Council Review, or your case being tried in the Federal District Court.
Within 60 days of your initial denial, you are required to submit a request for reconsideration. At this point an examiner who has not previously been involved in your case will review your submitted information from the initial claim and any new information you provide. During this process you are not required to be present, but in later stages your presence may be necessary. It is not uncommon at this stage for the denial to be upheld giving you the opportunity to file for an administrative hearing.
After you receive your denial from the reconsideration, you will again have 60 days to request an administrative hearing. Once they receive your paperwork, a hearing will be scheduled within 3 months to a year. Prior to the hearing, you may be asked to provide more evidence or clarify information regarding your claim.
Appeals Council Review
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Ask For Assistive Devices
If you have symptoms that affect your ability to get around, walk, or participate in daily activities, asking for assistive devices can be helpful when filing for disability benefits.
For example, if you have trouble walking, you may ask your doctor to provide you with a cane. The use of an assistive device is another layer of proof that your MS symptoms are affecting you to the point in which gainful employment is not an option.
How Many Times Can I Appeal My Social Security Disability Claim
Your medical condition doesnt allow you to work. Yet, amazingly, your application for social security disability benefits was denied. This can be a heartbreaking outcome, but doesnt have to be the end of the road. The next steps that you take are crucial. Given the upsetting nature of the denial, you can be wondering how many times can I appeal my social security disability claim? The right answer isnt always a direct number and there are multiple routes to take.
First, lets look at the facts. About 70% of social security disability claims are denied the initial time. Yet, about 50% of all applicants eventually end up receiving benefits. This means that many initially denied applicants do end up with the benefits they deserve. But those that are successful go about it smartly.
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Do You Need To Appeal An Ssd Claim Denial
Millions of people apply for Social Security Disability benefits every year, but approximately 70% of applicants are denied by the SSA at the initial application level. Despite working and paying into the Social Security program through mandatory wage withholdings, countless disabled workers are left struggling to pay for their monthly expenses. Many are unable to obtain the medical care they need. For some, putting food on the table is nearly impossible.
If your application for Social Security disability benefits was denied by the SSA, there is hope. Klain & Associates has helped thousands of disabled people throughout the United States appeal adverse decisions…and win. Give us a call and find out how we can help you, too.
Submitting A New Disability Application
Timing is everything when it comes to reapplying after a denial. This is because the SSA disability examiners that review applications for benefits must follow strict guidelines as laid out in the SSA Blue book. If nothing has changed regarding the medical evidence that you provide or the severity of your condition, it is likely that that outcome will remain the same.
If your disability has worsened, or if you have new, significant medical evidence, then reapplying may be the right decision. Likewise, if your application was denied the last time because key pieces of medical evidence werent available, then you may decide to reapply now and submit the necessary medical records along with your application or soon after.
Again, the SSAs guidelines for what constitutes disability are strict, which means you must have the right medical evidence to prove youre disabled and therefore eligible for benefits. Your doctor can help you decide when may be the right time to reapply by reviewing the SSAs disability listing details in the Blue Book. He or she can then advise you on whether you meet or match a listed condition and would therefore have a better chance of approval with a new application. Be sure to keep a detailed record of all of the diagnosis that you have received from your doctor as well as any medical testing that you have undergone. This can all be used as evidence for your case.
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Hiring A Reliable Social Security Lawyer In Greenville Sc
If your disability application has been denied at the initial stage, we can help you. Here at the Surface Law Firm, we help applicants seeking Social Security disability benefits. Our lawyers work with you before, during, and after the initial claim. If your claim is turned down, we help you file the appeal in time or take your case to a hearing if needed. Reach out to us today to discuss your Greenville disability application with our lawyers.