Social Security Insider - Latest Comments in Social Security denial: should you appeal or reapply?

Re: Social Security denial: should you appeal or reapply?

TomaszStasiuk — Sat, 17 Mar 2012 17:39:55 -0000

There are time limits on reopening prior claims (2 years for SSI, 4 years for DIB -- with some exceptions).

Disabled Adult Child benefits pay benefits based on a parent's contribution to Social Security. And some people have been successful proving those claims going back quite some time. However DAC requires proving disability back to age 22 or earlier: http://www.socialsecurityin... can't possibly tell you what may or may not work based on your specific circumstances. I encourage you to discuss your case with a lawyer in your area.

Good luck!

Re: Social Security denial: should you appeal or reapply?

dawnb — Sat, 17 Mar 2012 17:08:00 -0000

I have been disabled since birth and have applied 2 times since I have been a adult and the 2nd time I had help from a state certified case worker.And she got me approved in about 12 months but the appointments I had to go to where so far apart that's why it took so long.But other wise I would have gotten approved rite away.

But my mother tried to get me approved for ssi at least 3 times before I was 18 and never appealed the decision.My mother was on ssi her self for being mentally handicapped.So she could not read the forms to appeal the decision.

I would like to know if its possible for me to go back farther on my own if possible.For (SSI) or (Disabled Survivors Benefits)

Re: Social Security denial: should you appeal or reapply?

TomaszStasiuk — Fri, 08 Jul 2011 01:47:37 -0000

The issues are similar at the hearing level. However, there is also whether an individual wants to have a hearing with the same ALJ if the case is remanded and whether there is even the option of starting a new claim, among other issues.

See:
http://www.socialsecurityin...
and
http://www.socialsecurityin...

Re: Social Security denial: should you appeal or reapply?

Curious — Thu, 07 Jul 2011 19:34:29 -0000

What about if you have been denied at the hearing level? Is it better to appeal then, or reapply?

Re: Social Security denial: should you appeal or reapply?

TomaszStasiuk — Fri, 18 Mar 2011 12:45:16 -0000

Yup. You know your stuff!

By reapplying (vs appealing), an individual often loses their Protected Filing Date (PFD), which affects how far back they can be paid: http://www.socialsecurityin...

And a new application may put a person beyond their Date Last Insured (DLI) which may make them completely ineligible for SSDI/DIB/Title II benefits: http://www.socialsecurityin...

There are exceptions to both situations, however there is no guarantee of fitting into one of the exceptions (many people do not).

Thanks for the kind words and thanks for reading! Congratulations on winning your case.

Re: Social Security denial: should you appeal or reapply?

Gadfly — Fri, 18 Mar 2011 05:39:49 -0000

Plus, doesn't re-applying change your start date? Which:
a) loses you all the back benefits from the original claim, and
b) you might no longer be "insured" and therefore only eligible for SSI instead of SSDI!

This happened to me: I missed the appeal date, sunk further into depression and didn't re-file for a year. By that time I was very close to running out of "quarters" (turned out I had a few left, although I took so long to finish my new application I had to remind them that I was covered when I STARTED).

Then, I argued that IF they granted my claim NOW, then they SHOULD have granted my first claim, since nothing had changed. By bringing that top the judges attention, I picked up an extra 24 MONTHS of back benefits I wouldn't have gotten otherwise!

And, yes, I won my own case--by a hair--despite my not getting all the "evidence" SSA forgot to order. $14K in my pocket...sweet!

Terrific web site and info. I am recommending it to all my friends who are in the process.