Social Security myths: you have to wait 60 days after being denied to reapply

By Tomasz Stasiuk, June 18th, 2008 | 1 Applying, 2 Denials & Appeals, Myths | 0 Comments

I hear this one with some frequency. I am meeting with a client and they tell me that someone at Social Security told them that if they want to appeal, they have to wait sixty days before starting a new claim / filing a new application.

That’s just not true.

You do not have to wait any length of time after a denial before starting a new claim. You can start a new application the same day as you receive the denial.

I think the confusion comes from the 60 day (actually 60 + 5 day) time period you have typically have to file an appeal. That is the deadline by which you have to get your appeal submitted to Social Security. But the appeal deadline does not have to expire before you can start a new claim.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.