If you live in New York and have a disability, you might consider applying for SSD. Social Security Disability benefits provide financial support to those unable to work due to a disability.
Many people file for this insurance each year, but the agency rejects roughly two-thirds of first-time applications. This can be disheartening but know that you have four opportunities to appeal a denial. Understanding your options is crucial for receiving timely benefits.
The four levels of appeal
If the Social Security Administration (SSA) denies your application, you have four opportunities to appeal. Each has specific deadlines, so act promptly. The four levels are:
- Reconsideration: You can request a review of your application by someone who wasn’t involved in the initial decision. You have 60 days from the date you received your denial letter to request this.
- ALJ hearing: If reconsideration fails, you can request a hearing with an administrative law judge (ALJ). This must be done within 60 days of receiving your reconsideration denial.
- Appeals Council review: After an ALJ denial, you have 60 days to ask for a review by the Appeals Council.
- Federal court: You can file a federal lawsuit as a last resort. This step also requires action within 60 days of the Appeals Council’s decision.
These steps provide a structured path to pursue if your initial application is unsuccessful. Understanding the process and deadlines is crucial.
When is a new claim warranted?
If you’ve been denied SSDI benefits more than once, you might wonder if you should appeal again or file a new claim. There is no limit on the number of times you can apply.
However, filing a new claim alters the “protective filing date.” This is when you first informed the SSA of your intent to file. If your appeal succeeds, SSA calculates your benefits back pay from this date. Filing a new claim resets the date, possibly affecting your benefits.
Filing a new claim may be beneficial in some cases, including:
- You can file a new SSD claim after the ALJ hearing stage, but only if you do not appeal the ALJ’s ruling as you cannot have two active SSD claims at the same time.
- You have significant new evidence supporting your claim that wasn’t available initially.
- Your condition has worsened since your original filing.
Each situation is unique, and a knowledgeable Social Security Disability attorney can help you determine your best-case scenario. Most denials involve paperwork errors, lack of documentation or evidence of a disability and procedural mistakes.
A knowledgeable lawyer can assist with applications and appeals and ensure you present the strongest case possible. Seeking legal guidance can improve your chances of receiving the benefits you deserve.