Social Security denies up to 70 percent of disability applications. Their denial letters are infamous.
One of the remarks I hear and read when people discuss being denied benefits is this one:
"Don't give up. Apply again."
In most situations, this is really, really bad advice.
Instead of applying again (and getting denied again), you probably need to file an appeal.
Here are 7 reasons that filing a new application after you have been denied is often a bad idea:
1). Your new application goes back to the very same agency, in the very same building, that denied you the first time.
2) The agency, called the Disability Determination Service or DDS, will use the same rules and the same evidence to consider your new application.
3) Unless something is radically different about the new application, the same people look at the same evidence, apply the same faulty reasoning and make the same decision--another denial. "We just denied this claim 30 days ago,what's it doing back on my desk?"
4) The new application will probably waste an additional 3 to 5 months, while you are no closer to getting a benefit check that when you began.
5) The new application will not protect the past due benefits you may be entitled to. A new application literally starts over at the beginning and you lose all potential benefits under your original (first) application. Bad idea for most folks. (There are exceptions to all things).
6) The 6th reason not to file a new claim is: You are stalled in a state bureaucratic system that has a dismal record of getting decisions right. You need OUT of this state system and into the federal appeal system.
(7) You are speeding toward your "date last insured" or DLI. It's the date on which your coverage for Social Security disability expires. Once it expires, it is gone. New claims are difficult or impossible after this date. Don't waste time. A proper appeal saves your original "protected filing date" and protects you even if your Date Last Insured occurs during the appeal.
So, what's the take away on this?
For most claimants, it's a waste of time to file a new claim. Even if you could win the new claim, you have lost time and benefits that you won't recover.
It's much better in most cases to file an appeal and get your denied claim before an administrative law judge, where most Social Security disability claims get approved these days.
The appeal is usually better because:
A) You may get back pay or retroactive benefits back to the original date of disability.
B. Someone will give you a fresh, new review of your claim without being prejudiced by the fact that you were once denied.
C. You get to appear in person at your hearing and explain your situation and your case. Best of all, you can bring along your attorney or legal advisor.
D. The appeal gets you moving vertically up the ladder, not horizontally across the same tried and failed process. Simply put, the appeal sends you off in a new, better direction, with a better chance.
Filing an appeal sounds like such a burdensome and complicated chore. It isn't. You can file it yourself by filling out a few forms available at the Social Security office. (Winning the appeal is a lot more complicated than filing it). You can get an attorney or disability advocate to fill out the appeal for you with no upfront charge. This service will also come with a commitment to develop your case and help you with the appeal process and hearing.
Talk to a professional before you listen to well meaning friends, neighbors or family members who tell you, "Don't give up. Apply again."
Here's the way I would say it.
"Don't give up. Appeal that denial."
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
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