Appeal vs. Reapplying For SSDI

When you are denied Social Security Disability Insurance (SSDI) it is a good idea to continue through with the appeals process rather than begin the application process over again.

Four Levels of Appeal

If you have already received a notice in writing that you have been denied SSDI benefits, that notification contains information about how to appeal the decision. There are four levels of appeal available. They are shown in the order that you would go through them:

• Reconsideration
• Office of Disability Adjudication & Review Hearing
• Appeals Council
• Federal Court

Most reversals of disability determination happen at either the Reconsideration or Hearing level.

Reasons to Appeal

There are many reasons to appeal a denial of SSDI benefits, with the most important reason being that you are still unable to work because of your medical condition and really need the monthly benefit payment. Assuming you are eligible for benefits (you worked long enough and recently enough and paid taxes into the Social Security System) you should pursue a Reconsideration of your claim.

Other reasons to appeal an SSDI benefits denial:

1. You are entitled to appeal
2. Denial means you have not presented a strong enough argument for benefits, not that you are not disabled
3. Your medical condition has not improved and you are still unable to work
4. Your medical condition has changed for the worse and you are still unable to work
5. You have continued to receive treatment, or your treatment has changed, more tests ordered, etc.
6. You are being seen by additional medical professionals who can provide validation of your condition 
7. You completed your original application without assistance from an experienced disability attorney

New Information

As part of the appeals process you are permitted to submit new information that is pertinent to a determination of whether or not you meet the definition of disabled, which says that you are suffering from a medical condition that prevents you from participating in "significant gainful activity" and that your medical condition is expected to last a minimum of 12 months or result in your death.

If a change in your condition has caused the severity level of your disability to increase, that is information that should be shared with Social Security. Obtaining benefits is not an adversarial process; the Examiners and others involved in making decisions are following strict rules to make sure only those who truly meet the criteria receive benefits.

Appeal Not Re-Apply

The first level of appeal, called Reconsideration is when your entire file is given to another Examiner who had nothing to do with your original denial decision. At every level of appeal, fresh eyes with no prior involvement are examining your case. That, coupled with your ability to supply pertinent new information is a powerful reason to appeal and not start all over again by applying for benefits.

Get Legal Help

You have the right to be represented by an attorney from the very beginning of the disability applications process. Can you imagine how valuable it would be to have help from someone who knows the system and processes applications every day? Even if you started the process on your own, you should strongly consider using an attorney at the Hearing level, because an Administrative Law Judge will be conducting the hearing.