Ask the Los Angeles Social Security Attorneys:
When Can I Re-Apply for Social Security Disability?
Our experienced Los Angeles area Social Security Attorneys are frequently asked by an applicant if they can re-apply for Social Security Disability.
The short answer is “Yes, you can apply for Social Security Disability as many times as you like.”
But, as our experienced Los Angeles area Social Security Attorneys are going to explain, there are times when re-applying is a good idea and times when it is NOT a good idea.
Attorneys Prefer Social Security Disability Appeals
In the vast majority of cases re-applying for Social Security Disability benefits is NOT better than filing an appeal. Unfortunately our Los Angeles area Social Security Attorneys have seen claimants who have never utilized the appeal process and, instead, just kept filing new claim after new claim after new claim.
Remember, when you re-apply for Social Security Disability benefits, the exact same office that reviewed your file the first time will be reviewing your file again (and again). So, if nothing has changed since the last time you applied, chances are probably 100-percent that your application will just be denied again (and again).
However, if you request an appeals hearing (rather than just re-applying) the chances of approval can be much higher. And, if you have an experienced Social Security attorney filing the appeal, there is an even higher approval rate.
The first step in the appeals process is the reconsideration appeal. If this is denied, you can move on to the next step of appealing your denial, which is an administrative law judge hearing.
A hearing before an Administrative Law Judge (ALJ) is actually the most “winnable” level of the Social Security disability process. It is estimated that up to two thirds of all disability applicants who appeal their disability claim to an ALJ, win their SSD appeal, if they have an experienced attorney.
When Re-applying for Social Security Disability is Better
The only time re-applying (rather than appealing) Social Security Benefits may be better is if your Social Security Disability application was missing substantial medical evidence – or if your condition has significantly worsened since the time of your initial application.
In these limited cases, re-applying may actually be better than filing an appeal. This is because the initial stage of the Social Security Disability application process takes about 90 to 120 days to complete. But obtaining a hearing date before an administrative law judge can more than a year. So, if you genuinely have new medical evidence or documentation proving your Social Security Disability case, it might be faster to re-apply for Social Security Disability benefits rather than waiting for an appeals hearing before an administrative law judge.
To summarize: if your initial disability claim was denied, the best course to take is almost always to file an appeal. Remember that if you just re-apply, your claim is extremely unlikely to be approved on a subsequent disability claim for the same disability, with the same medical evidence. However, in those rare cases where you have new or additional medical documentation, it may be faster to re-apply rather than wait for the time it takes to go through the appeals process.
And remember, disabled individuals who are represented by an experienced Social Security Attorney have a higher success rate than people who try to represent themselves.
Our Los Angeles Area Social Security Attorneys Can Help
If you have questions about applying for, re-applying for, or appealing Social Security Disability, call our experienced Los Angeles Area Social Security Attorneys. Our attorneys will offer you a FREE CONSULTATION to make sure that you are doing everything possible to speed up your Social Security Disability claim – and make sure that you have the very best chance of being approved for Social Security Disability benefits.
Los Angeles Area Social Security Attorneys: 800-964-8047
Our Los Angeles Area Social Security Attorneys Serve Clients In:
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