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It happens a lot. A person will file for disability, get denied, and then give up. This, of course, is a huge mistake, mainly because it is a proven fact that, though most claims get denied at the disability application level, of those who decide to file appeals (at least as far the disability hearing level), the majority will eventually be awarded disability benefits. However, individuals who are denied for disability and give up on their claim make a second drastic when they fail to reapply after their condition worsens. Why does this happen? Probably because claimants who have been through the disability application process and have been denied mistakenly assume that they cannot be approved on the basis of the physical or mental conditions that they have. But this is a poor assumption, and, in some cases, a tragic one. Here's why: the social security administration does not grant disability benefits on the basis of having a particular condition. The condition itself is actually beside the point. What matters to SSA is the effect that the condition has on a claimant. Namely, on the claimant's residual functional capacity, which is another way of saying their remaining ability to work, despite the limitations imposed by their condition or conditions. For this reason among others, a claimant who has been denied for disability and has opted not to appeal and also not to file a new claim (it should be said at this point that filing an appeal is almost always preferable to filing a new claim)...should definitely consider starting a new social security disability or SSI disability application if their physical or mental condition worsens. In fact, it often becomes the case that individuals who are turned down for disability at the initial claim level and again at the request for reconsideration level (reconsideration is the first appeal level) are later approved at the disability hearing level partly because their condition has worsened over time; that is to say between the time they initially filed a claim and the time they were seen by an administrative law judge at a disability hearing. Therefore, some good disability claim advice to follow is: A) If you get denied for social security disability, file your available appeals. B) However, if you did at some point decide not to pursue your claim, consider filing again if your medical condition worsens.
Social Security Disability and SSI Disability Information
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