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SOCIAL SECURITY DISABILITY: IS IT BETTER TO APPEAL OR START OVER?

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.

Is it better to appeal or start over on a disability case?

This is a pretty simple one to answer. It is ALMOST ALWAYS better to appeal rather than start over on a disability case with a new application.

Why? Because if you initiate a new application after you've been denied, you will probably just get denied again.

However, by following the appeals process, you can eventually get your case in front of a judge. It is at a hearing that most people are going to have their best chance of getting approved for continuing and past due disability benefits.

Of course, if this true, why do so many people file brand new applications instead of appealing? Unfortunately this is usually due to ignorance. Claimants are often unaware that they they should appeal, instead of applying all over again.

Also, many people seem to think that completing a new application is the same thing as appealing a denial of their claim. This is certainly not the case. By filing a new application, a claimant effectively gives up their appeal rights.

The reason disability claimants make these kinds of mistakes is mainly due to the fact that social security does not really explain the appeal process to claimants.

Just remember: on the question of whether to appeal, or file a new claim after you've received notice of a denial---do the appeal, and do it quickly. If you have a representative, attorney or otherwise, let them do the paperwork for you. But If you are not represented and are under time constraints, request the appeal yourself to get in under the deadline.



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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.






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