How to Refile for Disability?

How to Refile for Disability?

By Hogan Smith

Updated 02/27/2025


If your initial application for disability benefits was denied, you still have options for pursuing your case. Refiling for disability is an important step to take if you believe your case was not properly evaluated or if new medical evidence supports your condition. Here’s a guide on how to refile for disability benefits, including what to do and how to improve your chances of success during the process.

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Step 1: Understand the Reasons for Denial

Before you proceed with refiling your disability claim, it’s essential to understand why your application was denied. The Social Security Administration (SSA) may deny your claim for various reasons, including:


  • Lack of sufficient medical evidence to prove your disability.
  • Your condition doesn’t meet SSA’s definition of disability.
  • You’re still working and earning above the Substantial Gainful Activity (SGA) threshold.
  • You failed to follow medical treatment or didn’t attend required appointments.


By understanding the reasons for denial, you can address those issues when you refile.


Step 2: Gather New and Additional Medical Evidence

One of the most common reasons for a disability denial is insufficient medical documentation. If your condition has worsened or if you’ve received new treatments or diagnoses, gather the following updated evidence:


  • Medical Records: Obtain new or updated records from your doctor, specialists, hospitals, and clinics.
  • Doctor’s Opinion: A detailed statement from your treating physician that explains how your condition impacts your ability to work can strengthen your claim.
  • Test Results: Include any new test results, scans, or other medical documentation that can help support your case.


Step 3: Request Reconsideration

The first step in the appeals process is requesting reconsideration. This involves asking the SSA to review your claim again with the new information and evidence you’ve gathered. The SSA will assign a different examiner to review your case. While reconsideration can be helpful, it often results in the same outcome as the original decision, so be prepared for the next step.


Step 4: Request a Hearing Before an Administrative Law Judge (ALJ)

If your reconsideration is denied, you have the right to request a hearing before an Administrative Law Judge (ALJ). This is your opportunity to present your case in person and explain why you believe you qualify for disability benefits. At the hearing:


  • You can testify about how your condition affects your ability to work.
  • You can present additional medical evidence and call expert witnesses if necessary.
  • A representative (like a lawyer) can assist you in presenting your case.


Step 5: Stay Organized and Keep Track of Deadlines

During the refile process, it’s important to stay organized and keep track of all documents and deadlines. Missing deadlines can cause significant delays or result in your case being dismissed.


  • Monitor Your Claim: Set up an SSA online account to check the status of your case.
  • Keep Copies of Everything: Retain copies of all correspondence, documents, and evidence submitted.
  • Follow Up: If you don’t receive updates in a timely manner, contact the SSA for clarification.


Step 6: Be Prepared for a Longer Process

Refiling a disability claim can be a lengthy process, often taking several months or even years to complete. The SSA handles numerous cases, and it’s not uncommon for individuals to go through multiple stages of the appeals process before a final decision is made. Stay patient and persistent during this process.


Step 7: Consider Getting Legal Assistance

While you can refile your disability claim on your own, seeking the help of an experienced disability attorney or advocate can be highly beneficial. An attorney can help you:


  • Review your case and ensure all necessary documents are submitted.
  • Represent you during the hearing process.
  • Advise you on how to present the strongest possible case based on your situation.

How Hogan Smith Can Help

At Hogan Smith, we understand how frustrating the disability application process can be. Our team is dedicated to improving your chances of success. We provide assistance with:


  • Analyzing the Denial: We’ll help you understand why your claim was denied and guide you in refiling the claim.
  • Gathering Medical Evidence: We’ll work with your doctors to ensure all the necessary documentation is submitted.
  • Requesting Reconsideration and Hearings: If your claim is denied, we can help you with the reconsideration process and represent you at hearings.
  • Navigating the Appeals Process: If your case requires a hearing before an ALJ, we will represent you and present the best case possible.

Contact Hogan Smith Today

If your disability claim was denied, don’t give up. Hogan Smith can help you refile for disability benefits, ensuring you have the support you need every step of the way. Contact us for a free consultation, and let us assist you in getting the benefits you deserve.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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