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Knowing When to Refile Your SSDI Claim

Written by Ankin Law Office

When an application for SSI or SSDI is denied, deciding to file an appeal or to wait and refile the claim later depends on a number of factors. The reason for the denial, the stage at which the claim was denied, and whether there have been significant changes since the application was initially filed should all be considered.

When Should People Refile Their Claims?

Some people have disabilities that last or are expected to last fewer than 12 months. This can cause their applications for SSDI or SSI to be denied. If their conditions worsen at a future date, they might want to refile their claims. People who met the medical qualifications but were denied because they did not meet the income requirements may also choose to refile their claims if they become financially eligible in the future. People who were denied SSDI because they had insufficient work credits might refile claims after they have earned enough credits. They can also apply for SSI instead of SSDI if they have insufficient work histories.

When Should People Appeal?

In most cases, filing an appeal after a denial makes the most sense. The date a claim is originally filed is used to calculate the amount of backpay an approved claimant will get. If a claim is denied and subsequently won on appeal, the back pay will be paid according to the original application date. If people fail to file appeals and instead refile their claims, the new date may be used to calculate back pay. This can result in a loss of thousands of dollars of back payments.

Some people mistakingly believe that they should refile their claims because they have new medical evidence. People do not have to file new claims to submit new medical evidence. They can instead file additional evidence during the appeals process.

When people are denied SSDI benefits, they will receive notices of denial. The letters will list a deadline for filing appeals, which is generally 60 days from the dates that the notices are received. If people miss this deadline, they will have to start the process over and will be unable to appeal the decision. 

Categories: Social Security