If you have been denied Social Security Disability benefits more than once, you may wonder how many times you can appeal a claim or file a new one. You may be afraid that your chances of obtaining benefits are running out or have already run out.
There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim.
For many applicants who have received a claim denial, an appeal is the best course of action. With an appeal, you have a protective filing date, which is the date that you first informed the Social Security Administration (SSA) of your intent to file a disability claim. If your appeal is successful, backpay is calculated according to your protective filing date.
When you pursue a new disability claim, you lose the original protective filing date and receive a new one for your new claim. In other words, you could lose benefits if you start the claims process over again.
When to File a New Disability Claim
However, in some cases, it is best to file a new disability claim. For instance, you may want to file a new claim if:
- Your next step in the appeal process is to have an Administrative Law Judge (ALJ) hearing. Once you go through the hearing and appeal the decision, you are prohibited from submitting a new claim.
- You have a substantial amount of evidence to support your disability claim, and this evidence was not available when you filed your initial claim. As the appeals process takes a great amount of time, it may be best to file a new claim with this information rather than wait to submit new evidence through the appeals process.
- Your condition is worse now than when you first filed your disability claim. By filing a new claim, things may be viewed differently, possibly improving your chances of being approved for benefits.
Talk to a Virginia Social Security Disability Attorney
The lawyers from Kalfus & Nachman know what it takes to get you approved for Social Security Disability Insurance and/or Supplemental Security Income benefits. We can file your initial claim, attempt to get it marked for the Compassionate Allowance program, and file an appeal, if necessary.
We may also be able to pursue additional compensation by filing a personal injury lawsuit or insurance claim on your behalf. If your injuries and impairments occurred because of an accident, let us review the case and determine if we can pursue compensation for your injuries.
Whether you’re preparing your first SSDI application, submitting your claim for Reconsideration or appealing a rejected claim, you have a greater chance of success with the help of a knowledgeable lawyer.
If you live in the Norfolk, Hampton, Newport News, Portsmouth, Virginia Beach or Roanoke, Virginia, areas and need assistance filing your SSDI application or making an appeal, please contact Kalfus & Nachman PC by phone at (855) 880-8163 or through the form on this page to schedule a free consultation.