Reapply for Disability If Your Condition Gets Worse
The majority of people that file for disability benefits do not appeal if they are turned down for benefits. It’s not surprising, given the fact that it’s a lot of work to put together a complete medical history and work history, and it takes about 4 months to receive a decision from the disability examiner. The disability determination process is long and difficult, even more so for those whose physical or mental health is deteriorating.
Of course, if your application is denied, the best thing to do is to file an appeal with disability determination services (DDS). This first appeal is called a request for reconsideration, and you should be prepared for the fact that it is not likely to succeed (only about 15% of reconsideration appeals are approved). However, you have to file the first appeal with DDS before you can file your second appeal, which is a request for a hearing before a federal administrative law judge (ALJ). ALJs are far more likely to approve disability applications than the examiners who work for DDS, and all statistics indicate that the majority of those who appeal eventually win their claim.
Still, a whole lot of people aren’t aware of these statistics, and many are so discouraged when they are turned down for benefits that they simply give up, and assume that their condition does not qualify them for benefits. If you have not filed an appeal you should not assume that your denial has anything to do with your particular type of impairment. Decisions in all disability cases, both social security disability insurance (SSDI) and supplemental security income (SSI), are based on one thing only: the extent to which your impairment, be it physical or mental, affects your ability to work. If you feel that your impairment is disabling, and it continues to prevent you from working to full capacity, then by all means file a new claim (assuming you’ve missed the 60-day deadline for your first appeal). Be sure to include any information that you think might help your case, including any recent medical treatment or diagnosis. You might even want to have someone help you proof your application before you submit it to the social security administration office, especially if your physical or mental symptoms make it difficult for you to gather your own documentation. People suffering from chronic pain or reduced memory function (which can be caused by a host of impairments, including depression, stroke, fibromyalgia syndrome, degenerative disc disease, etc.) are in no position to do everything for themselves. Do not be afraid to ask for help.
That said, if your medical condition has deteriorated since you filed your first claim, you should absolutely re- apply for disability as soon as possible. One of the reasons so many claims that are denied by DDS are later approved by an ALJ is that the applicant’s symptoms have deteriorated over time. It can take a year, or longer, to get a hearing before an ALJ, so it’s not surprising that those who appeal their decisions to this level are often far worse off than they were when they filed their initial application. And, if you are about to appear before an administrative judge, you should strongly consider getting a legal representative. Again, those who are disabled can almost always benefit from assistance, and studies have shown that having a disability lawyer represent your case can improve your chances of winning disability benefits by up to 50%.
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Social Security Disability Secrets
Social Security Disability Benefit Questions
Of course, if your application is denied, the best thing to do is to file an appeal with disability determination services (DDS). This first appeal is called a request for reconsideration, and you should be prepared for the fact that it is not likely to succeed (only about 15% of reconsideration appeals are approved). However, you have to file the first appeal with DDS before you can file your second appeal, which is a request for a hearing before a federal administrative law judge (ALJ). ALJs are far more likely to approve disability applications than the examiners who work for DDS, and all statistics indicate that the majority of those who appeal eventually win their claim.
Still, a whole lot of people aren’t aware of these statistics, and many are so discouraged when they are turned down for benefits that they simply give up, and assume that their condition does not qualify them for benefits. If you have not filed an appeal you should not assume that your denial has anything to do with your particular type of impairment. Decisions in all disability cases, both social security disability insurance (SSDI) and supplemental security income (SSI), are based on one thing only: the extent to which your impairment, be it physical or mental, affects your ability to work. If you feel that your impairment is disabling, and it continues to prevent you from working to full capacity, then by all means file a new claim (assuming you’ve missed the 60-day deadline for your first appeal). Be sure to include any information that you think might help your case, including any recent medical treatment or diagnosis. You might even want to have someone help you proof your application before you submit it to the social security administration office, especially if your physical or mental symptoms make it difficult for you to gather your own documentation. People suffering from chronic pain or reduced memory function (which can be caused by a host of impairments, including depression, stroke, fibromyalgia syndrome, degenerative disc disease, etc.) are in no position to do everything for themselves. Do not be afraid to ask for help.
That said, if your medical condition has deteriorated since you filed your first claim, you should absolutely re- apply for disability as soon as possible. One of the reasons so many claims that are denied by DDS are later approved by an ALJ is that the applicant’s symptoms have deteriorated over time. It can take a year, or longer, to get a hearing before an ALJ, so it’s not surprising that those who appeal their decisions to this level are often far worse off than they were when they filed their initial application. And, if you are about to appear before an administrative judge, you should strongly consider getting a legal representative. Again, those who are disabled can almost always benefit from assistance, and studies have shown that having a disability lawyer represent your case can improve your chances of winning disability benefits by up to 50%.
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