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Denied SSDI in Florida can I get benefits in Georgia

Denied SSDI but moved to a new state

If you are disabled and cannot work you may have applied for Social Security Disability Insurance (SSDI). But what if you were denied SSDI in one state but you move to another? Can you reapply, and if so, what are the chances that you can be approved?

Denied SSDI by the SSA

The first thing to understand if you were denied SSDI is that the SSDI program is a federal disability program. This means that all states (in theory) are supposed to use the same criteria to make their disability determination.

While it’s true that some state disability determination offices may approve a higher percentage of SSDI cases than others, in general, if you are denied in one state it will be tough to win SSDI in another state.

Why were you denied SSDI?

Up to 70% of claimants are denied SSDI at the initial disability application level. The first question to ask is, “Why was I denied SSDI?” The reason should be clearly stated on your SSDI denial letter. You also should be given information about how to appeal the SSDI denial.

If you were denied SSDI benefits there can be several reasons, and they are listed below.

1.    Working too much or performing substantial gainful activity (SGA). Claimants who are working and making too much money ($1640 for blind claimants and $1000 for non-blind claimants) will be denied SSDI benefits, regardless of the severity of their mental or physical health condition.

2.    The SSA states your condition is not severe enough. If the SSA makes this determination they have determined your condition is not severe enough to keep you from working at a substantial level.

3.    The mental or physical health condition is considered a short-term condition and is not expected to last for at least 12 continuous months.

4.    Lacking sufficient work credits to qualify for SSDI benefits. This means you have not worked long enough and paid enough employment taxes to be considered “insured” for SSDI.

Should I apply in another state after I am denied SSDI?

If you have moved to a new state and you have missed the opportunity to appeal the SSDI denial whether or not you should apply a second time will depend entirely on why you were denied.

If you are working too much, you do not have enough work credits for SSDI or your condition is not going to last at least 12 continuous months (and cannot prove it will last 12 continuous months) there is no reason to apply a second time. You will continue to be denied SSDI regardless of where you apply.

If, however, the SSA states that you can work another job or your condition is not severe you may be able to provide additional medical evidence to convince the SSA that they were wrong and win your SSDI benefits after submitting a second application.

Bottom line

If you have been denied SSDI in Florida it may be worth talking to a SSDI lawyer and find out if they think you have a chance to be approved with a second SSDI application.
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