When an obstacle appears before us, we may be tempted to quit or give up. Another option is to find a way around the problem before us. If you have filed a Social Security Disability Insurance (“SSDI”) claim and been denied, don’t give up. You may be able to find a way around the rejection. However, should you file a new claim or an appeal? There are advantages and disadvantages to both strategies.
Rejection
The figures vary, but it looks like about 64% of SSDI first-time claims are denied. So, if your claim was rejected, you are not alone. The Social Security Administration, the government department that manages SSDI claims, provides a way to appeal rejected claims. First, the applicant files a request for reconsideration. If the claim is accepted after reconsideration, great! If not, the applicant may appeal to an administrative law judge (“ALJ”). After reviewing the claim, the ALJ may approve, send it back for review, or deny the claim again. At that point, the applicant may take their claim before the Appeals Council. Finally, if the SSDI claim fails at this level, the applicant may file request relief from a United States District Court.
How long all this takes depends on how many levels of appeal the applicant must go through.
New Claim vs. Appeal
When deciding whether to file a new claim or an appeal, you may want to consider the following:
Protective Filing Date. This date is used to calculate back pay, which is the amount paid to you by calculating the date you filed your application and the date you were approved. If you file a new claim, you will get a new protective filing date. This could result in significantly lower backpay if your claim is ultimately approved.
Your Medical Condition. If your disability has worsened since filing your original claim, a new claim may be the better option. Getting a decision on a new claim may take three to six months, while an appeal may linger for a year or more.
It’s Complicated. We Can Help with Social Security Disability Benefits.
Whether you file an appeal or a new disability claim, it helps to have someone in your corner.
The attorneys at The Law Offices of Martin Taller have helped many clients with Social Security Disability Insurance cases. For a free consultation, call us at 714-385-8100 or use our convenient Contact form. Though our office is located in Anaheim, we assist clients throughout Southern California.
