Cavey Barrett Blog

No. 9 - Should I file a new disability application with the Social Security Administration?

At Cavey & Barrett we find that most disability claimants who have been denied Social Security Disability should appeal their disability denial instead of filing a new disability application.

As we've explained, it's in a claimant's best interest to move your case to the disability hearing stage. Unfortunately, there are hoops that you have to jump through before you get to that administrative law judge. You first have to have your disability application denied, file a request for reconsideration, be denied, request a disability hearing, and finally (at long last) get in front of the administrative law judge where your chances of winning are significantly increased.

Every time you file a new disability application you start all over again and stop your progression through the disability appeal process.

This isn't to say that there aren't situations where you may want to start with a new application instead of appealing. For example, you may have been denied because you were still working or you've earned too much to be considered as being disabled. In that situation, it would make little sense to file a disability appeal but rather file a new application once you've stopped working.

At Cavey & Barrett we find that every situation is unique but that generally the best course of action is to file an appeal.

Sharon Barrett can provide you with expert legal advice on your Social Security denial and whether you should file a new application.

Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.