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SSDI Denial: Should You Appeal Or Apply Again?


If you are disabled and unable to work, you may be able to apply for Social Security Disability Insurance (SSDI) benefits. These benefits are important for millions of Americans, as they help replace income.

However, getting these benefits is extremely difficult. There are guidelines and specific criteria that must be met. Most claims are denied the first time around, so if you’re looking for a quick approval, the odds are against you.

If your claim is denied, what should you do next? You have three options: do nothing (and get nothing), appeal, or reapply. If your claim is denied, many people appeal. In some cases, though, it may be better to reapply. It all depends on the circumstances.

First of all, you need to understand the laws involved. You may wonder if you can apply for SSDI more than once. The answer is yes. You can apply for SSDI benefits as many times as you want, as long as you don’t keep applying once you have been approved. You cannot receive double payments.

Disability lawyers generally favor appealing, but every situation is different. Has your medical condition changed since you applied? Can you provide better evidence that you meet the Social Security Administration’s definition of disability?

One of the biggest things to consider is retroactive benefits. The date you file a claim for disability benefits is called your “protective filing date.” If the claim is approved, you could get past-due benefits going back to that date and even 12 months before that with SSDI claims.

The protective filing date applies throughout the appeals process. If you file a new claim instead of appealing, you end up with a more recent protective date, which means less back pay if you win. This is the main advantage of appealing.

Your condition is also a factor. If your medical condition is the same as when you first applied for benefits, it doesn’t make sense to file a new application. However, if your condition has worsened or you have developed a new condition, reapplying may be the better option.

Keep the deadline in mind as well. You have 60 days from the date of a claim denial in order to file an appeal. If you miss the deadline, you will need to reapply to continue pursuing benefits. A

late appeal request can be granted if you can show good cause. This may include homelessness, a serious illness, or physical or mental  limitations.

Learn More About Social Security Disability Benefits

Getting approved for SSDI benefits is not easy. Depending on your circumstances, it may be better to appeal or reapplying may be the better route.

Learn more about your options by contacting a White Plains Social Security Disability lawyer from The Law Office of Michael Lawrence Varon. We can help you weigh the pros and cons of each option based on your circumstances. Schedule a free consultation with our office by filling out the online form or calling (914) 228-1770.



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