Request a Reconsideration

Before thinking about reapplying, the first step after a denial is to request a reconsideration. This is part of the appeals process where you ask the Social Security Administration (SSA) to review your case again.

• Timeframe: You have 60 days from the date of your denial notice to request reconsideration.
• How long it takes: This can take 3 to 5 months.
• Why reconsideration matters: If additional medical records or new evidence has come to light, reconsideration is the opportunity to present that.

Should You Reapply After Denial?

If your reconsideration is denied as well, you have the option to reapply for disability. However, reapplying is typically a last resort if all appeals fail. Here’s what you need to know before reapplying:

• Review the Reason for Denial: Understanding why your claim was denied is crucial before reapplying. The SSA will send you a letter detailing the reasons for denial, and you need to assess if your condition has worsened or if you now have more medical evidence to support your claim.
• New Application: A new application means starting the process over from scratch. You’ll need to fill out all the necessary forms again and provide up-to-date medical information and records.
• More Medical Evidence: Reapplying gives you the opportunity to submit new medical records or documentation to strengthen your case. Make sure to include any new diagnoses, treatment records, and doctor’s letters to show the progression of your condition.

Timing: How Long After Denial Can You Reapply?

You can reapply for disability benefits at any time after your denial, but there are a few things to keep in mind:

• Wait Period: There’s no set waiting period after a denial, but if you apply too soon after a denial without significant new evidence, the SSA may deny your claim again.
• Back Pay: If you’re approved after reapplying, your back pay could be affected by the new application date. For example, if you apply after a year of being denied, your back pay will likely be calculated from your new application date rather than your original claim.

Can You Get Help When Reapplying?

Reapplying for disability can be complex, so it might be a good idea to get assistance to make sure your new application is thorough and complete. Here's how you can get help:

• Disability Lawyer or Advocate: They can help assess your case, gather medical evidence, and ensure your application is as strong as possible.
• SSA Representatives: The SSA offers free assistance in completing your application and may be able to guide you through the process.

Considerations for Reapplying

Before you submit a new application, here are some things to consider:

• Has Your Condition Worsened?: If your condition has worsened since your initial claim, this can provide the necessary evidence to make your case stronger. Make sure to provide updated medical reports and treatment records.
• Are There Any Gaps in Your Medical History?: Ensure there are no gaps in your medical records. Gaps in treatment or medical history could raise concerns for the SSA, so be sure to maintain consistent care and documentation.
• Improving Your Case: If the previous denial was due to not meeting SSA’s criteria, consider including additional medical evidence, such as letters from specialists or a vocational expert who can testify that you cannot work.

The Appeal Option vs. Reapplying

It’s important to understand that reapplying isn’t your only option after a denial. In fact, if you reapply without appealing the denial first, you may be missing out on your right to appeal. If you decide to appeal:

• Reconsideration: Request a reconsideration for a fresh review.
• Hearing: If reconsideration fails, request a hearing before an Administrative Law Judge (ALJ).
• Appeals Council: If the hearing doesn’t go in your favor, you can request an Appeals Council review.

Reapplying might feel like starting fresh, but it’s always a good idea to explore appealing before going down this path, as you may still have a chance to win benefits through the appeal process.

Reapplying for SSI vs SSDI

• SSI: For those with limited financial resources, Supplemental Security Income (SSI) is based on financial need. If your financial situation or medical condition has changed, you may be eligible for SSI even if you didn’t qualify the first time.
• SSDI: Social Security Disability Insurance (SSDI) is based on your work history and how much you’ve paid into Social Security. Reapplying may work if you now have more documentation or evidence that supports your disability claim.