Denied for Social Security Disability? Do you appeal or start over?

If you receive an unfavorable hearing decision (the judge denied your claim) should you file an appeal to the Appeals Council or should you start over with a new application?

In this video I discuss the very significant differences between taking your case to the Appeals Council and filing a new application.

At a minimum, I recommend that if an unfavorable decision was issued, you should send that decision to an Appeals Council specialist - since Appeals Council work and hearing work are very different parts of a Social Security practice.

I always send my "unfavorables" to an Appeals Council specialist who has the experience to determine if there are appealable issues in the unfavorable decision.

And, like other disability appeal deadlines, your Appeals Council paperwork is due
within 60 days from your receipt of the unfavorable decision.

60 DAYS FROM YOUR RECEIPT OF AN UNFAVOARBLE DECISION!

There are instances when starting over can make sense, but realize that if you file a new application you cannot claim an onset date prior to the date of the unfavorable decision.

This means that you would be foregoing thousands or tens of thousands of dollars of past due benefits. You also need to confirm that your insured status for SSDI remains.

Further, you should assume that a second hearing would be sent to the same judge who denied you before, so there needs to be something new and significant to change the judge's mind.

As you can see, there are pros and cons with each strategy and when possible you should seek legal advice to understand all the ramifications.

NEXT STEPS...

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Jonathan Ginsberg
Social Security Disability Attorney
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