This is a reasonable question to ask because you do not want to use up your chances to apply for benefits. However, there is no limit to the number of times you can apply for benefits. On the other hand, you can only take an appeal so far.
Our Harrisburg Social Security Disability attorneys may be able to help you apply or appeal a disability claim that was denied. Call today to set up your free legal consultation.
Applying Again or Appealing
As mentioned earlier, the Social Security Administration (SSA) does not place a limit on the number of times you are permitted to apply for disability benefits. Sometimes it may benefit you more to file an appeal instead of a new claim.
Protective Filing Date
The protective filing date is the original date you filed your disability claim. So, if your claim is eventually approved by the SSA, you will receive back pay covering the time between the approval of your application and when you originally filed it.
It is important to mention that a new protective filing date is assigned every time you file a new claim. Once your claim is approved, you will only receive back pay from the protective filing date of your most recent claim. For this reason, it can make a significant difference financially, if you pursue your original claim through the appeals process rather than filing a new claim.
When Filing a New Claim May be Best
In rare cases, you may want to file a new application if there is new medical evidence or information that you did not include when you filed the initial claim.
That said, you can also present new evidence in an appeal, so in most cases it is still best to file an appeal.
Probably the only good reason to file a new claim after the initial one was denied would be if you missed the chance to appeal the ruling and your request to have an extension was denied.
Filing an Appeal
The appeals process has four stages and they include the following:
- Request for reconsideration: This request must be filed within 60 days of you being denied benefits.
- Scheduling a hearing with an Administrative Law Judge (ALJ). This request must be made within 60 days if the reconsideration is denied.
- Appeal to the Appeals Council. If the claim is denied by an ALJ, you can request a hearing with the Appeals Council, which must be done within 60 days of denial from the ALJ.
- The final appeal option is to file a federal appeal.
If the ALJ denied your appeal, it may be best to open a new claim instead of continuing your appeal. Why? Once you appeal the decision by the ALJ, you lose your right to open a new claim.
Contact an Experienced Attorney Today
Has your disability claim been denied by the SSA?
If so, consider consulting with a trusted attorney from Schmidt Kramer about your situation. We may be able to assist you and can explain how.
Call our office in Harrisburg at (717) 888-8888 to schedule a free case review today.