Statute of Limitations to Reapply For Disability

If your disability claim is denied by Social Security, there is no set amount of time before you can apply again for benefits, but before you apply again, consider this:

• When you are denied benefits, you can appeal the decision which is better than applying again
• Has your medical condition changed since you originally applied for benefits 
• Was an attorney helping with your original application?

Appeal Process

Applying for benefits from Social Security is not intended to be an adversarial process, but Social Security must receive enough evidence from you, your doctors and your medical records to determine that you meet their physical criteria for disability and that you have met their financial criteria as well.

A denial does not mean that you can never get benefits, just that you may not have presented a convincing enough case.

If someone is denied benefits after submitting an initial application, the letter that you receive will tell you how to appeal the decision. There are four levels of appeal that you can go through in an attempt to obtain an approval for benefits:

• Reconsideration
• Hearing before an Administrative Law Judge
• Appeals Council review 
• Federal Court review

Change in Medical Condition

If your medical condition has worsened since the time you originally applied for disability, you have the right to include new updated information at any stage during the appeals process. You can have new medical record and lab test results included, and can supply new information about your condition from your doctors.

A change in your condition that increases the severity of your disability is important evidence that Social Security wants to know about.

A "Reconsideration" is when a different disability determination examiner who had no involvement in your benefits denial reviews all of the information in your application and makes their own determination.

A hearing before an Administrative Law Judge is your next level of appeal if you are denied again after a reconsideration. Administrative Law Judges work for a state agency called Disability Determination Services. You can submit new information to the Administrative Law Judge before your hearing and have the right to bring an attorney to the hearing.

Hire An Attorney

If you did not use an attorney to help you file your initial claim, you can still hire an attorney to assist you at any of the appeals stages. An attorney can be invaluable in the process because they know the system, and are extremely familiar with the application process, which they've probably done at least hundreds of times. An attorney can make sure your application is complete, and that you have enough compelling medical evidence to make your situation clear to the person who is reviewing your claim.