Should I Appeal or File a New Social Security Disability Claim?
Posted on behalf of Dayes Law Firm PC on Aug 23, 2018 in Appeals
If your Social Security Disability claim was denied, you may be thinking about filing an appeal or simply filing a new claim altogether. However, there are many reasons why it is better to file an appeal instead of a new claim.
At Dayes Law Firm PC, our Phoenix Social Security Disability attorneys will guide you through the appeals process or help you decide if filing a new claim may be a good option. Request a free, no obligation consultation today.
Reasons to Appeal
Appealing a denial is often the best route for your claim. One of the main reasons is the protective filing date, which is the date the Social Security Administration (SSA) was first informed by you of your intention to file for benefits.
Your protective filing date is used to calculate the backpay due to you. Upon approval of your claim, you will receive the money that would have been paid to you if your benefits had started on the protective filing date.
If you choose to file a new claim, you lose the original protective filing date. This can result in a significant loss of backpay, possibly costing you a lot of money in benefits.
Many claimants mistakenly believe they must file a new claim to submit new evidence. However, this is untrue – you are allowed to submit new evidence during the appeals process. This can be a great benefit because certain evidence is not available until after a claim has originally been filed. New evidence can help bolster your claim and possibly improve your chances of obtaining benefits.
When you file a new claim instead of appealing the original decision, it is likely that your new claim could be denied for the same reasons that the original was. This will not help you, and you will lose the protective filing date of your original claim.
When You May Want to File a New Claim
In some cases, filing a new disability claim may be your best option. If you have appealed your original claim to the point of receiving an administrative law judge (ALJ) decision, you cannot submit a new claim after appealing the ALJ decision. It may be in your best interest to file a new claim rather than continue to appeal the original claim.
The appeals process can take a very long time, leaving you without the benefits you need. If you have substantial evidence supporting your disability meeting the SSA requirements that you did not have when you initially filed, your new claim might be approved much faster than if you appealed the original claim. It takes about three to six months to receive a decision from filing an application, while the appeals process can last a year or two.
It may be to your advantage to file a new claim if your condition has significantly worsened since you first filed the original claim. A worsened condition may cause your claim to be reviewed differently, leading to an approval.
Contact Our Licensed Attorneys Today
The disability attorneys of Dayes Law Firm PC are ready to assist you with your claim. We will guide you through the appeals process and explain if we think it is in your best interest to file a new claim.
Request a free, no obligation consultation today. There are no upfront fees and we are only paid if we recover compensation for you.