WHY FILING A NEW APPLICATION ISN'T THE SOLUTION TO A DENIED CLAIM

When your Social Security disability claim gets denied, it may be tempting to file a new application.  However, in 98 percent of cases, a new application is the exact wrong move.

When you file a new application following denial, here are some things you need to know:

1.  You are starting over in the literal sense of the word.

2.  There's no more chance of success with the new claim than you had with the old claim.

3.  The 2 questions Social Security will ask on the new claim are:

• Does the claimant have substantial new evidence this time that wasn't available before?

• Is there a major difference in this new claim compared to the old claim?  New disease, new diagnosis, etc.

In short, Social Security is asking, "What's new?  What has changed?"  

If the answer is Nothing--expect the same decision.  Another denial.

The application process is a weeding out process. It doesn't produce many awards.  It mostly produces denials.  It's not the most fertile ground to try for approval. In fact, the application process has an approval rate of around 25 percent. Appeals have about a 45 percent approval rate. Get out of the application stage as fast as you can.  File an appeal.

OTHER REASONS NOT TO FILE A NEW CLAIM

• You will almost certainly lose most or all of your back pay.
• You may reach your Date Last Insured and cease to be covered by SSDI benefits.
• A new application delays a favorable decision by 4 to 6 months.  Wasted time.
• A new application is just spinning your wheels, but you go nowhere.
• The same agency that denied your first claim, examines your new claim, too.
• Same information in, same result out.

THE SUPERIOR WAY TO GO

File an appeal.  This keeps your old claim alive but eventually gets it out of the agency that denied it, and sends it "up the ladder" to a higher authority for review.  It preserves your right to appear before an administrative judge (with your representative) and make your case personally to the judge.  You never achieve this with new applications.   

What Does It Cost To Appeal?

Nothing.  You cannot be charged legal fees or attorney fees until after you win and receive past due benefits.  If you don't, there cannot ever be a fee.