The vast majority of people who apply for Social Security disability benefits have their claims denied. According to the most currently available annual statistics from the Social Security Administration, only 33.3% of people who file SSD applications received approval, which leaves almost 67% of applicants left to decide whether to file again or appeal the decision.
The dismal record of denied claims may cause you to wonder about how many times you can apply before someone says you passed the maximum number of applications and cannot apply for SSD again. Fortunately, there is no limit to the number of times you can apply for SSD, but that does not, necessarily, mean that filling out another application for Supplemental Security Income or Social Security Disability Insurance benefits is in your best interest.
Be smart about filing again for SSD
If you receive a notice that your SSD application for SSI or SSD has been denied, take it
to a Social Security disability lawyer at NY Disability who can review it and help you to decide whether to refile for benefits. If the medical condition remains unchanged since your last application, your SSD lawyer may advise against filing a new application right now.
On the other hand, if your medical condition has gotten worse or you developed a new condition, the lawyer may recommend how to apply SSD with a new application. You may receive the same advice if the lawyer believes the application was not approved because a diagnostic test or other medical evidence was not available for consideration by examiners at the Disability Determination Services.
Although the SSA tries to get the medical records supporting an application for SSD benefits, it may be forced to decide without crucial evidence that a physician’s office or medical facility fails to send in response to the request. Working with an SSD lawyer to file your initial application for benefits may avoid such a situation by submitting the supporting medical evidence along with the application rather than leaving it to the SSA to obtain it.
Yes, you may file as many times as you wish
Just remember that you can file new applications as many times as you want without fear that they will be denied simply because someone at the DDS thinks you filed too many times. However, each application takes time to prepare for submission and takes even longer when at the SSA for processing. You want, as much as possible, to make certain the application and evidence supporting it meets the qualifying criteria for either SSI or SSD to prevent having the application denied.
Although you do not have a limit on the number of times you may file for SSD, if your claim is for benefits through SSD, you need to be mindful of the date that you stopped working, which determines your date last insured or DLI. Your DLI is the last date for filing an application for a claim through SSD.
Filing an appeal may be a better response to the denial of a claim for disability than preparing and submitting a new application. Unless you missed the deadline to appeal an adverse determination, an appeal may be preferable to reapplying.
Filing an appeal instead of a new application
As long as you have time to appeal an adverse determination of an application, doing so offers advantages over filing a new application, including:
- The annual statistics published by Social Security that show the low percentage of approvals for initial SSD applications, also reveal that a higher percentage of benefit claims are approved through the appeal process.
- When you appeal a denial and win, you may be awarded benefits back to the date of the original application that you would not receive by filing a new application.
- An appeal allows your SSD lawyer to submit additional medical evidence in support of your claim that was not available for consideration during the application process.
- If you lose at any or all of the stages of the appeal process, you retain the right to submit a new application for benefits. You cannot, however, file a new application while an appeal is pending.
The time to file the appeal generally runs from when you receive the denial notice, but you really should not delay bringing it to the attention of your SSD lawyer. Social Security assumes that you receive the notice within five days from the date it mails it to you. If you miss the deadline, you have the burden of proving that you received it beyond the five days from mailing.
Learn about your options
To ensure that you retain the option to either file a new application or file to appeal a denial, you should contact a Social Security disability lawyer before the 60-day time to appeal expires. Contact us at NY Disability to learn more about protecting your right to SSD benefits.