A Claimant whose social security disability insurance (SSDI) application has been denied by the social security administration (SSA) has three options. He or she can appeal the disability verdict, reapply for benefits, or let the verdict stand.

Protecting Rights to SSDI Benefits

If the claimant decides to reapply for SSDI benefits, he or she will be unable to pursue disability benefits for any amount of time before the date of the SSDI denial. Filing an appeal is the only way a claimant can obtain disability benefits for the period prior to the initial date of denial. Appealing an SSDI verdict has two key advantages:

  • The claimant can obtain retroactive disability benefits. For example, the applicant stopped working on February 1, 2019, because of his or her disabling condition and he or she stayed out of work for a year and filed an SSDI application on Feb 1, 2020. His or her application was then denied on July 1, 2020. Appealing the denial will enable the claimant to receive retroactive benefits for that year.
  • Appealing the denial will allow the addition of the amount of time that elapsed before the initial date of denial to the Medicare benefits.

Understanding the Appeals Process

After an initial denial, a claimant has up to 60 days to apply for reconsideration. The reconsideration phase entails having another SSA medical examiner reexamine the claimant’s file. During the reconsideration stage, the claimant is allowed to submit extra medical documents.

The SSA may also look for additional medical documents on the claimant’s behalf, especially if the claimant has received extra treatment since the last time he or she submitted the documents. Social security disability lawyers can help claimants understand the common reasons for SSDI rejections and help them create strong applications to prevent SSDI denials.

Reapplying for SSDI Benefits

A claimant with a denied SSDI application should consider reapplying only if he or she has missed the closing date for filing an appeal and is not offered an extension. The chances of obtaining approval the second time at the first determination stage will be small if nothing has changed in his or her medical records. The SSA will be reviewing the same documents and utilizing the same SSDI rules. As a result, the chances of the claimant getting approval will be negligible if he or she was denied the first time.