Do You Need Help With Your Disability Claim?

Disability Attorneys and Advocates can help you in all phases of the disability claim process.

Contact an advocate today for your FREE case evaluation!

Free Online Evaluation!

Tap For A Free Evaluation!

SSDI- Can I apply twice for benefits in the same year?

Many SSDI applicants want to know if they have been denied Social Security Disability Insurance can they reapply right away or do they need to wait another year. This is a great question but what SSDI applicants first need to do is understand why they were denied and determine if reapplying is the best course of action or if it would be better to file an appeal and have another disability examiner review their case through the Reconsideration process.

Why was I denied SSDI?

First, to answer the question, yes, you can reapply immediately if you have been denied SSDI benefits. There is not a “waiting period” to reapply. If you are denied SSDI benefits you can do one of two things: apply right away or appeal the denial within 60 days from the date of denial.

Whether or not either of these choices is a good idea will depend on why you were denied. The most common reasons you may have been denied are because the SSA determined your condition would not last 12 continuous months, they said you could retrain for new work or work your old job, they did not consider your condition severe or you did not have sufficient work credits to be considered “insured” for SSDI.

Your course of action will depend on which reason is listed on your denial letter. For instance, if the SSA states you do not have enough work credits and you have proof that the SSA is missing information about your work history, you can appeal the denial and present your evidence to the SSA. If the SSA states that your condition is not severe or you can retrain for new work, you can go to the doctor, gather more medical information, present it to the SSA and appeal the denial.

Should I reapply or file an appeal?

If you determine your denial is one that can be challenged than it is almost always better to appeal the denial, assuming you are within the 60 days appeal window. Although almost all reconsiderations are denied a second time (estimates put the rate of denials at 80%) getting to a hearing (which is the second step in the appeal process) will increase your chances of approval.

So, if you are serious about winning your SSDI case it is generally better to appeal the denial after the application denial instead of simply applying again and again. But consider, many disability applicants find it helpful to first talk to a disability lawyer if they are denied.

Disability lawyers may seem like a waste of money, and I hear from dozens of applicants each day who ask, “Why do I need a disability lawyer to get my own money?” While this is a good question and the answer should be “you don’t” there are hundreds of disability applicants who flounder for months or years in the disability system just because they do not understand the process and what they need to do to prove they are disabled.

Consider also, disability lawyers are only paid if you win your case; they are not paid if you lose

Enhanced by Zemanta