Comments on: Social Security denial: should you appeal or reapply? http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/ Published by the Stasiuk Firm PC Sat, 11 Feb 2012 22:02:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/comment-page-1/#comment-3104 TomaszStasiuk Fri, 08 Jul 2011 05:47:00 +0000 http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/#comment-3104 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.socialsecurityinsider.com/2008/10/i-was-denied-at-hearing-what-do-i-do-now/ and http://www.socialsecurityinsider.com/2008/09/how-to-appeal-a-hearing-denial-to-the-appeals-council/ 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.socialsecurityinsider.com/2008/10/i-was-denied-at-hearing-what-do-i-do-now/
and
http://www.socialsecurityinsider.com/2008/09/how-to-appeal-a-hearing-denial-to-the-appeals-council/

]]> By: Curious http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/comment-page-1/#comment-3102 Curious Thu, 07 Jul 2011 23:34:00 +0000 http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/#comment-3102 What about if you have been denied at the hearing level? Is it better to appeal then, or reapply? What about if you have been denied at the hearing level? Is it better to appeal then, or reapply?

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/comment-page-1/#comment-2556 TomaszStasiuk Fri, 18 Mar 2011 16:45:00 +0000 http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/#comment-2556 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.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/ 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.socialsecurityinsider.com/2008/08/date-last-insured/ 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. 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.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/

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.socialsecurityinsider.com/2008/08/date-last-insured/

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.

]]> By: N J http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/comment-page-1/#comment-2553 N J Fri, 18 Mar 2011 09:39:00 +0000 http://www.socialsecurityinsider.com/2008/03/social-security-denial-appeal-or-reapply/#comment-2553 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. 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.

]]>