Did you know that the majority of initial claims and reconsideration claims are denied by the Disability Determination Services?
Up to 70% of new claims for Social Security Disability benefits are rejected.
If your application is denied, this doesn’t mean that you do not have a strong case, or that you’ll never get benefits.
When you file a new claim with the same information you originally submitted on your initial application, you can sometimes lower your chances of winning the new claim. In fact, this approach of failing to appeal and simply re-filing a new claim can sometimes adversely affect your benefits even if you do win the subsequent claim. In rare cases, a new claim can be barred by an obscure legal doctrine called Res Judicata.
If you receive notice that your application for disability benefits has been denied, it is important you appeal and do so within the time period allotted, which is 60 days (plus a 5 day grace period for mailing, but I highly recommend you do not wait that long). ALSO: Save the envelope the decision came in, in case you need the postmark to show when you received the denial notice.
Failure to make an appeal by the deadline can result in your appeal being rejected (but not always!), your case being ultimately denied, and a new initial claim would need to be filed. If that is even possible. This mistake forces the application process for your disability to start over from the beginning, which means wasted time and lost benefits for you … assuming you can even refile.
The lesson? Appeal all denials as soon as possible, or contact a lawyer familiar with these appeals as soon as the denial letter arrives.
If you have questions about SSDI or SSI call the Hartwig Law Firm today at (508)732-8989.