SSDI application denial why appeal and not file another claim?Many disability applicants are surprised when they are denied Social Security Disability Insurance (SSDI) benefits. What many do not realize, however, is that they are not alone. So what do you do when your SSDI application is denied? Is it better to simply apply again and start the SSDI process again? Should you immediately hire a lawyer and appeal? Is it better to simply to go back to work?
Appealing a denial instead of filing another SSDI application
If you have been denied, assuming your denial can be challenged, it is almost always better to file an appeal rather than filing a new application because when you file a new SSDI application instead of appealing a denial, you risk losing retroactive benefit payments. Retroactive benefits are those benefits which have been accruing from your onset date of your disability until the date you are approved. During appeal many denials are reversed and benefits approved. If you have filed a new SSDI application, however, you could have potentially forfeited thousands of dollars in lump sum benefits.
The second reason it might also be beneficial to file an appeal is so your case can eventually be heard by an administrative court judge. While the second appeals level, which is called the reconsideration, is unlikely to help your claim be approved, the hearing might. In fact, statistically the hearing gives you the best chance to have your SSDI application approved because you are able to present your case to a judge who has the authority to grant SSDI benefits.
Making my appeal successful
Some claimants file an appeal and sit back and wait to get their SSDI application to be approved. Unfortunately, if your SSDI application was denied the first time you applied you might need to do some work to improve your case.
The first step is to review the SSDI denial. Did the SSA claim your condition was not severe? If so its time to go back to the doctor and get better information about the severity of your condition and why it will not let you work for at least 12 continuous months.
Other SSDI applications are denied because the SSA believes the claimant can continue to work. If the SSA makes this claim you will also need to get more medical evidence of the functional limitations caused by your condition and submit this information to the SSA office to bolster your SSA case.
The bottom line- If your SSDI application has been denied you have some work to do. Hiring a lawyer is a good start, but more than likely you will need better medical evidence from your treating physician to prove you have a strong case.
What if I missed the deadline to appeal my SSDI denial?
If you did not file your SSDI appeal within the 60 day deadline from your SSDI application denial you will generally have to file a new SSDI application. Exceptions are made, but you will have to prove you had a good reason for missing the deadline.