You can apply for disability more than once. There are no limits on the number of Social Security disability applications you can file in Chicago and the rest of Illinois. However, you can only reapply for disability benefits if you don’t have another claim open for the same type of benefits. Whether you should reapply for benefits depends on several factors, such as whether your condition has significantly changed since your previous application and the stage at which your previous claim was denied.

Call the Chicago Social Security disability lawyers at Ankin Law at 872-529-9377 to evaluate your case and help you determine your next steps.

Can You Reapply for Disability Benefits After a Denial?

“How many times can you apply for disability?” is a question claimants may ask after having their disability claims denied. You can reapply for disability benefits after your previous applications have been rejected. However, it’s not always the best action to take. In fact, in most cases, it’s better to file an appeal rather than start over by reapplying for disability benefits.

The SSA uses your initial filing date to determine your past-due benefits. When you reapply rather than appeal, you move the initial filing date forward, reducing the amount of back pay you may be owed.

How Many Times Can You Appeal Social Security Disability Denials?

There are four stages in the Social Security disability appeals process. The SSA denies the majority of initial applications. State-level Disability Determination Services (DDS) typically process these initial applications according to SSA rules and regulations. In 2022, the Illinois DDS cleared 99,533 cases. When your original claim is denied, you should file a request for reconsideration, which is the first level of appeal. You must file the request within 60 days of receiving the denial letter.

Reconsideration also occurs at DDS offices. However, different examiners from those who were involved in the original denial will review your appeal. Although different examiners review your appeal, they follow the same guidelines. Unsurprisingly, approval for benefits at this stage is uncommon. However, if your reconsideration appeal is denied, it’s best to request a disability hearing before an administrative law judge (ALJ) rather than reapply for benefits. You also have 60 days from the date of your denied reconsideration appeal to request a hearing.

At an ALJ hearing, chances of approval increase, especially for claimants represented by Social Security disability lawyers. During hearings, applicants can present witnesses and make arguments in front of a live judge. Most successful claimants are awarded disability benefits after an ALJ hearing.

When to Consider Reapplying for Disability Benefits

There are situations where it may be better to apply for disability more than once rather than appeal a denial. These include:

You’ve Exhausted All Appeal Levels

Some disability applicants can go through all four appeal levels without being successful. Once you’ve exhausted all your appeal options, you can start the entire process over by filing a new claim.

An Administrative Law Judge Has Denied Your Claim

If an administrative law judge has denied your claim, you can request to have your claim reviewed by the Social Security Appeals Council. Chances of success diminish at this level of appeal. Statistics show that from 2012 to 2024, less than 20% of the claims the Appeals Council reviewed were returned to the ALJ for reconsideration. What’s more, it may take another year or more to receive a decision after applying for SSDI and getting your case to this stage. Plenty of resources will have been used if your case reaches the last stage of appeals — Federal Court review. It may be best to reapply for disability benefits rather than requesting an Appeals Council review.

Too Much Time Has Passed Since Your Benefits Ended

If your SSDI benefits ended over 5 years ago, but you’re no longer able to work, you may have to submit a new application to get back your disability benefits. There are no age restrictions for applying for SSDI benefits. However, beneficiaries have their benefits converted to retirement benefits when they reach retirement age. You’ll also need to file a new application if you lost your eligibility for SSI benefits more than 12 months ago, but your status has changed, for example, because you lost your job.

You Missed an Appeal Deadline

There are time limits at all stages of the appeals process within which you must file your appeal. The SSA typically closes your claim after the deadline has passed without you filing an appeal. After missing a deadline, you can successfully file a late appeal only if you show you had good cause for missing the deadline. Examples of good cause that could make the SSA allow a late appeal filing include:

  • A severe illness
  • Death in your immediate family
  • A fire or some other accident that destroyed your records
  • Physical, mental, educational, language, or speech limitations
  • The SSA gave you incorrect information
  • You didn’t get the denial notice

If you can’t show good cause, you’ll have to file a new application to continue your pursuit of disability benefits.

Your Condition Has Worsened

Reapplying for disability benefits may be the better option if your condition is different from or more severe than what had promoted your previous filing.

How a Disability Lawyer Can Help With Multiple Applications in Chicago

Whether you need to apply for disability more than once or appeal depends on the particulars of your case. Consulting a Social Security disability attorney when you’re in this situation is crucial. An attorney will help you assess the advantages and disadvantages of each option based on your circumstances and guide you on your best choice moving forward.

Whether you’re preparing your first disability benefits application, appealing a denied claim, or reapplying for benefits, your chances of success increase with the assistance of a knowledgeable Social Security disability lawyer. If you need to reapply for benefits for one reason or another, having a disability lawyer by your side when starting the process again will be essential to minimizing the chances of your new application suffering the same fate as your old application or applications.

Establish a Favorable Protective Filing Date

The protective filing date is the day you notify the SSA you intend to file for disability benefits. If you’re approved for benefits, you could get back payments going back to this date or 12 months before it for SSDI claims. Timing is important when reapplying for benefits. A disability lawyer will help you establish the earliest possible protective filing date to maximize your back pay.

Address Issues With Previous Claims

How many times can you be denied disability? There’s no limit on the number of times the SSA can deny your claim. That implies the SSA can keep denying your multiple initial disability claims. You should take the time to understand why you were denied on previous applications and create a plan for addressing it. If nothing changes regarding your condition or the evidence you’re presenting, the case outcome is unlikely to change.

A Social Security disability lawyer will carefully review your previous denials to determine all issues that caused or likely contributed to the unfavorable decisions, such as application errors and missing evidence, and use the information to strengthen your new claim. Your lawyer will come up with what you need to apply for Social Security Disability and overcome the previous issues.

Collect Updated Evidence

A disability lawyer will help you collect new and better evidence to support your claim and increase your chances of success. He or she will ensure you have adequate medical evidence that reflects your disability accurately and proves your condition meets the SSA’s definition of disability.

Present Your Case Persuasively

Because of a disability attorney’s knowledge of Social Security disability law and procedures, the lawyer will strive to present the facts of your case clearly and persuasively at each stage of the claims process. He or she will help you file a thorough and persuasive initial claim that presents your information to the SSA in the best possible light.

If your case has to go through the appeals process, your disability attorney will prepare you for questioning and present the gathered evidence persuasively in front of an ALJ to win your appeal. An experienced Chicago disability attorney will likely have appeared before certain ALJs in the Illinois judicial districts before. He or she will know the kind of evidence the judge assigned to your case favors if he or she has appeared in front of the judge in previous cases.

At Ankin Law, we’ll leverage our legal skills, deep knowledge, and extensive experience to achieve the best possible outcome for your Social Security disability case. Contact us today for a free consultation to learn how our Chicago disability lawyers can assist you in qualifying for benefits.