social security disability attorney lawyer

SOCIAL SECURITY DISABILITY


Is filing a new application the way to appeal a social security claim denial?

This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning benefits.
No. In fact, filing a new claim can sometimes be the very worst thing to do


The reason for this is very simple. Most claimants for social security benefits based on disability status will be denied on their initial claim. It is just a reality that this will happen with most applications.

The way to compensate for a disability system so intent on delivering denials is to make full use of the appeals process established by the social security administration.

However, when a claimant who has been denied (at the initial, reconsideration, or even ALJ hearing level) fails to request an appeal (within sixty days of the date of their denial) and, instead, files a new application, they essentially give up their appeal rights.

What happens in such cases? The same thing, of course. That is, subsequent new applications will most likely be denied again, and probably for the same reasons.

Historically, and statistically, if a social security disability case is not approved at the initial claim level, it will probably be denied at the reconsideration level (bear in mind that in some states the recon step has been suspended as part of a test project), and eventually have to be heard by an administrative law judge in order to be approved for monthly benefits and back pay.

But a social security disability or ssi disability claim can never get that far in the process if a claimant continuually files news applications as opposed to filing an appeal.

Therefore, unless your social security claimant's representative advises otherwise (and there are only one or two reasons why this might be the case) always take advantage of your appeal rights upon denial. In short, make an appeal.



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RETURN TO THE MAIN PAGE SOCIAL SECURITY DISABILITY OVERVIEW PT 2 SOCIAL SECURITY DISABILITY QUESTIONS
MORE DISABILITY QUESTIONS SOCIAL SECURITY DISABILITY HOW TO 'S SOCIAL SECURITY DISABILITY TIPS
SOCIAL SECURITY DISABILITY ARTICLES DISABILITY & MEDICAL CONDITIONS SOCIAL SECURITY DISABILITY DEFINITIONS
DISABILITY EXAMINER ANSWERS SOCIAL SECURITY DISABILITY OVERVIEW PT 1 SOCIAL SECURITY DISABILITY MYTHS


SOCIAL SECURITY DISABILITY ATTORNEY, REPRESENTATIVE LAWYER LIST


ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 1         ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 2













Additional Questions & Answers re: ssd, ssdi, ssi


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If you suffer from a medical disability such as

hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia

and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages.






Social Security Disability           Applying for disability