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 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: 251-1620 or 810-5614. I help disabled adults and children throughout the nation win their cases. And I am ready to help you.
Topics Covered in this Article
What Are The Requirements To Be Eligible For Benefits
First, you must have a non-work related illness or injury that keeps you from working and be under medical care for treatment of the disabling condition. Second, you must have worked for at least 20 calendar weeks earning at least $145 per week for a covered New Jersey employer. Alternatively, you must have earned $7,300 or more during your “base year.” Your base year is defined as the 52-week time period immediately prior to the week your disability started.
The Ssa Cannot Find You
The SSA and Disability Determination Services the agency that determines your medical eligibility for benefitsmust be able to communicate with you regarding your application. If these agencies cannot reach you to schedule examinations or communicate with you about critical matters, your benefits may be denied. If you name a representative to handle your paperwork, you may not need to get in touch with the SSA, but be sure to stay in touch with your representative or attorney. If you move while your application is being considered, make sure the SSA knows how to contact you. Claimants get denied every day because the SSA cannot find them.
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Failure To Follow Treatment
If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.
If there is valid reason for not following through with the treatment prescribed by your doctor, you can bring this up during the appeals process. You will, however, want a Social Security Disability attorney representing you in this case.
How Can I Increase My Chances Of Getting Disability
Top Ways to Increase Chances of Winning Disability Claim Ensure That Your Application is Complete. Keep Accurate and Complete Medical Documentation. Maintain a Good Relationship With Your Physician Keep Close Tabs on the Status of Your Claim. Follow up on all Treatment Recommendations. Hire an Experienced Social Security Disability Attorney. Additional Resources.
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Its Likely Your Ssd Application Will Be Initially Denied
The SSA has taken a tough stance to fight fraud in the disability benefits system. In order to ensure that benefits go only to the truly disabled, the SSA has a very narrow definition of disability. Your medical condition must last a year or be expected to last that long, and it must be listed in the SSAs Blue Book listing of impairments. Not only that, but you also must exhibit the specific symptoms listed in the blue book for your condition. If your medical problems arent listed, you will probably face an uphill battle to prove medical equivalence.
Not only does the SSA have a narrow definition of disabled, but it is also strict in the medical documentation it requires, and it still denies many applications even when people claim to have a listed condition.
According to the SSA annual statistical report on the Social Security Disability Insurance program:
- From 2001 to 2010, the percentage of applicants awarded benefits after their initial claim was just 28 percent.
- The highest approval level of initial applications from the period of 2001 to 2010 was just 37 percent.
- The lowest approval rate during this same time period was 26 percent.
- The percentage of applicants who were awarded disability benefits after making a request for reconsideration was 3 percent.
- The percentage of applicants who were awarded disability benefits after a benefits hearing was 13 percent.
- Overall, the average denial rate of disability benefits claims was almost 53 percent.
One: Learn The Rules And Deadlines
As soon as you learn your claim has been denied, find out how and when you must file an appeal. The insurance company may have included this information along with the letter denying your claim if not, contact the company immediately and ask it to provide information on filing an appeal. There will be a deadline for filing the appeal, typically 60 days. If you miss the deadline, you will likely lose your right to contest the decision — even if your short-term disability made it difficult to get things together in time.
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Why Is The Approval Rate Higher After A Hearing
The higher rate of approval after a hearing isn’t by design or policy for instance, applicants’ medical conditions often deteriorate while waiting a year or more for a hearing by the time the hearing is held, they qualify as disabled.
Other denials are overturned at the hearing stage because the applicant hired a lawyer after getting a denial letter. Over two-thirds of claimants hire legal representation for the hearing, and those who had a lawyer were three times as likely to be approved for benefits as those without. Disability lawyers are trained to get the right evidence from the applicant’s doctors, come up with convincing theories of disability, and find errors made by Social Security. In contrast, when the initial claims examiner is looking at your file, there’s no one to advocate for your case.
Additionally, the doctors who work at the state disability determination agencies are sometimes more conservative than the doctors who are sometimes called to appear at hearings. DDS medical consultants are often full-time staff employees at DDS, while the medical experts called for hearing are often retired doctors who are paid on a consulting basis for each hearing. Having a medical expert at your hearing can greatly improve your chances of an approval.
Question Of The Week: If Opm Denies My Disability Retirement Application Do I Get Another Chance
A: If OPM denies your application for disability retirement, you may feel disappointment and discouragement. However, if you get an initial denial, you can request a reconsideration of that decision.
The Office of Personnel Management must receive your reconsideration case within 30 days of the date of your initial decision letter. You also can submit additional documentation or information in response to OPMs initial decision. If you are not able to provide the additional information within that period, you can ask for an extension. The extension would allow you an additional 30 days and OPM must receive that request within that first 30-day time limit.
Once OPM receives your appeal, a new Legal Administrative Specialist is assigned. That LAS will review the previous decision and any new evidence provided. They will either uphold the initial denial or overturn it and issue an approval.
**If you receive a denial at the initial level, already separated from your agency, and dont request a reconsideration, you have lost your chance to appeal. However, if you are still on your agencys rolls, and you are denied, you may file for federal disability retirement again.
Message us & find out if you qualify today!
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Why Ssdi Requires Work Credits
As the acronym indicates, SSDI is an insurance program. You pay the premiums of this program through the Social Security deductions that your boss takes out of your paycheck and sends to the government on your behalf. That money helps to fund the monthly Social Security disability and retirement checks that people receive.
On the other hand, the source of funding for SSI benefits is general revenues, like income taxes and additional money that the government collects. Because SSI does not use payroll deductions for Social Security taxes as its source of funding, you do not have to pay into the system and accumulate work credits to be eligible for these benefits.
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If You Go Back To Work
If you’re like most people, you would rather work than try to live on disability benefits.
There are special rules that help you keep your cash benefits and Medicare while you test your ability to work. We call these rules “work incentives.” For more information about Social Security work incentives, read Working While Disabled: How We Can Help.
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Ive Already Been Denied Disability Benefits Twice Is It Worth Continuing To Pursue Benefits
Submitted by Maya on Tue, 12/29/2020 – 12:54Maya’s Blog
The Social Security Disability Insurance application process is long and cumbersome. For those who are dealing with a chronic, debilitating condition, completing the everyday tasks of life are challenging enough.
Many applicants who apply for SSDI are initially denied benefits. If this happens to you, you are able to file an appeal. if your claim is then denied a second time, you can request a hearing and continue the application process.
Do You Need An Attorney To Appeal A Disability Denial
There is no requirement that you hire an attorney to assist you with appealing a disability claim denial, but an experienced disability claim attorney can help maximize your likelihood of success, both during the appeals process and in any subsequent litigation. In the case of disability benefit claims subject to the ERISA statute, you may not get an opportunity during litigation to supplement the claim file developed during the pre-suit appeal process. Thus, it is critical that the claim file be fully developed.
An experienced attorney will request the claim file and plan document to confirm that the plan language quoted in the denial letter is accurate. The attorney will identify what additional evidence, if any, is needed to perfect your disability claim. The attorney may suggest additional testing, such as neuropsychological testing or a functional capacity evaluation, to help prove your disability claim. Additionally, the attorney may request opinion evidence from your doctors.
Once the appeal is submitted, the attorney will respond to any new evidence generated by the insurance company to ensure you get the last word. The attorney will make sure any loose ends are tied up before the final decision to ensure your best chance of success. Even if the appeal is unsuccessful, hiring an attorney that also litigates benefits claims will ensure a seamless transition should your case go to court, and help to maximize your recovery in litigation.
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What If I Get Denied
If you get denied, dont lose hope! You can still appeal the decision. Once you get your denial letter, you have 60 days to file a Request for Reconsideration. Disability Determination Services will look over any new information you give them and make sure their ruling was correct. If your Request for Consideration is denied, the next step is to file a request for a hearing with an administrative law judge. If you disagree with the judges decision, you must ask the Appeals Council to review the judges ruling. For further questions, contact Social Security Disability Advocates.
Know Your Critical Dates
Some of your application paperwork must be submitted within a certain amount of time from the start of your leave from work often within the first 30 days. Late submissions may impact your eligibility for benefits. It may take time for your insurer to review, adjudicate and process your claim: it is common for the adjudication process to take at least 10 business days.
How Many Times Can You Re
The process of applying for Social Security Disability benefits can feel daunting, but you should never get discouraged if you need to apply again for disability benefits. If you find yourself wondering, how many times can you refile for disability? you might be surprised to find that it is quite common for applicants to apply more than once!
Need immediate appealing your disability case? Complete this FREE evaluation form. There are no upfront costs to work with us. We only receive a fee directly from the Social Security Administration if you win your disability case no out-of-pocket expense for you!
Don’t Panic If Your Disability Claim Has Been Denied
About 65% of all Social Security disability benefits claims are denied at the initial application stage.
Suffering an injury or being diagnosed with a disability can be a very stressful and frightening time. More than likely you will be worried about how you will support yourself and your family, especially if the disability prevents you from carrying out your job.
Applying for Social Security Disability Insurance or Supplemental Security Income benefits can alleviate some of these worries. Unfortunately, there is a significant chance that your application will be denied, even if you rightfully qualify for disability benefits.
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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.
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 judges 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 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.
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What Can Make You Ineligible For Tdi Benefits
Even if you meet the medical and earnings requirement, you cannot get benefits in the following situations.
- Your medical condition doesn’t last more than seven days.
- Your medical condition started more than 14 days after your last day of employment with a covered New Jersey employer
- You aren’t getting treatment for your condition by a medical provider
- Your medical condition was caused during the commission of a crime.
- Your medical condition was self-inflicted.
- Your most recent employer fired you for gross misconduct on the job, if your conduct was a crime.
- You got paid for working after you became disabled.
- You became disabled during a labor dispute with your most recent employer.
- You still get paid by your employer, and your pay and TDI combined would be more than what you were earning before you became disabled.
- You are a government worker who is eligible for sick leave, and you have not yet used all of the sick leave available to you.
Also, in most cases, you cannot get temporary disability benefits if you are getting payments from other programs such as unemployment of workers’ compensation.
If you are not sure whether you qualify for TDI, contact New Jersey’s State Plan Operations.
An Overview Of Work Credit Requirements For Ssdi
The Social Security Administration says that you generally need at least 40 work credits over your lifetime to qualify for Social Security benefits at retirement. However, the number of credits required to qualify for SSDI varies by age. You do not want to assume that you lack the right amount of work credits based on the facts of another persons situation. We can use the following scenario to explain the work credit system.
Suppose you worked with a 50-year-old man who became too ill to work because of Parkinsons disease, and he had only worked at a job that paid into Social Security for 5 years. You can earn up to 4 work credits a year. In this situation, your coworker would only have 20 work credits, and likely would not qualify for benefits.
If you worked at the same place of employment for 5 years and became disabled, you might assume that you do not have enough work credit but that assumption could be incorrect. For example, if youre 35 years old, you would only need 20 work credits to qualify for SSDI benefits. Again, your age and how long and how recently you worked a job that paid into Social Security will determine how many work credits you need to apply for SSDI.
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