Thursday, September 27, 2007

New Disability Application with Social Security

In an earlier post, I discussed the fact that, in most cases, a disability claimant who has been denied on a disability claim with social security should appeal the disability denial instead of filing a new claim.

Why should you do this? Because cases that are adjudicated (decided) at the level of the state disability agency (depending on where you live, this agency will be known as disability determination services, the bureau of disability determination, or something similar to either of these) tend to have less of a chance of being approved than cases that are decided by a disability judge at a hearing.

In fact, there is a substantial statistical differences between approval rates on cases handled by disability examiners (examiners decide cases at the initial claim level and reconsideration level) and cases handled by administrative law judges. Therefore, for this reason, it will be in a claimant's best interests to get their case heard by a disability judge. However, this can't happen until a claimant A. has been denied on a disability application, B. has filed a request for reconsideration, C. has been denied on a reconsideration, D. has requested a disability hearing, and, finally, E. has managed to get to a disability hearing after many months of waiting.

Filing a new disability application every time a denial on a social security disability or SSI claim has been received, of course, interrupts a claimant's progression through the disability appeal process.

Are there situations in which you should actually start a new application instead of appealing. Yes, if you applied for disability but received a technical denial (for example, a denial in which you were immediately denied because you were still working and earning too much to be considered for disability, meaning that your medical records were never requested), then it would make little sense to file a disability appeal. However, in nearly every other scenario, the best course of action will be to file an appeal.

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