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The Law Offices of Martin Taller
Call to speak to us now: 714-450-6689
Free consultations. Se Habla Español
Call to speak to us now
Free consultations. Se Habla Español

Should I file a new claim if my SSD claim is denied?

As has been mentioned previously on this blog, most first time Social Security Disability claims are denied. There are a number of reasons for this, including an insufficient amount of medical evidence or ineligibility due to work credits. When a claim is denied, many end up filing a new disability claim. But is this the right course of action?

When someone files a new claim as a response to a denied claim, the chances are high that the second claim will also be denied. In fact, all subsequent claims could end up getting denied because the applicant is most likely submitting the same claim to the disability examiner at the disability determination service and will be subjected to the same evaluation process as they were before. This will result in another denial.

Rather than file a new SSD claim, a claimant would be wise to take advantage of the appeals process of the Social Security Administration. The first step an applicant can take is a request for reconsideration and these are also generally denied. Once that happens, a hearing should be requested in front of the administrative judge. Two-thirds of all claims that make it to the hearing are approved and win their SSD benefits.

Rather than waste time filing a new claim, it is wise to follow the outlined appeals process. Only if the appeal is denied should one consider filing a new claim, and that too after reviewing it to ensure there are no deficiencies in the application.

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The Law Offices Of Martin Taller

2300 E. Katella Ave. Suite 440
Anaheim, CA 92806

Toll Free: 800-304-4404
Phone: 714-450-6689
Fax: 714-385-8123
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Our office is located close to major freeways and is near the Anaheim train station.

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