You Can Reapply Immediately After a Denial

If you’ve been denied Social Security Disability (SSD) or Supplemental Security Income (SSI), you don’t have to wait for months or years before applying again. You can reapply immediately after receiving your denial letter. However, before you do, it’s important to review your initial claim carefully and understand why you were denied so you can strengthen your case moving forward.

Understand Why You Were Denied

When you receive a denial notice from the Social Security Administration (SSA), it will include the reason(s) for your denial. The most common reasons for denial are:

• Not meeting SSA’s definition of disability: Your medical condition may not have been severe enough to meet the SSA’s requirements.
• Lack of medical evidence: Insufficient medical documentation to prove your disability.
• Earnings above Substantial Gainful Activity (SGA): If you were working and earning above the SGA threshold, your claim could be denied.
• Failure to follow up on treatment or doctor’s orders: If you didn’t follow prescribed treatments or your doctor’s instructions, it could be used against you in the evaluation.
  

File an Appeal (Preferred Method)

Rather than simply reapplying from scratch, you may want to consider appealing the decision. The SSA offers several levels of appeal:

• Request for Reconsideration: The first step is to file for reconsideration of your claim, where the SSA will review your case again, considering any additional evidence you submit. This can be done within 60 days from the date you receive your denial notice.
• Request a Hearing: If reconsideration results in another denial, you can request a hearing with an Administrative Law Judge (ALJ). This is a more thorough review where you can present your case in person. It may take several months or even years to get a hearing date, so it's important to get started early.
• Appeals Council: If you lose at the hearing, you can further appeal the decision to the Appeals Council. This step is usually a paper review, but the Council can decide to send your case back to the ALJ for further review or uphold the decision.

How Long Does the Appeal Process Take?

The appeal process can be lengthy, especially if your case requires a hearing with an ALJ. On average:

• Reconsideration: This can take up to 3 to 4 months.
• Hearing with an ALJ: This can take anywhere from 6 months to a year or longer, depending on the backlog in your area.
• Appeals Council: If you go to the Appeals Council, it could take a year or more to get a final decision.

Reapply After the Appeal Process (If Denied Again)

If your appeal is denied, you can still reapply for benefits. In this case, you’ll need to submit a new application and meet all the eligibility requirements. However, keep in mind that reapplying after a denial might be difficult if your circumstances haven’t changed.

To maximize your chances, ensure you have new or updated medical evidence that strengthens your claim. Consulting with a disability lawyer can help you assess whether it’s better to continue appealing or reapply with additional information.

Importance of Timing

Although you don’t have to wait to reapply or appeal after a disability denial, timing is critical. The SSA imposes strict deadlines for appeals, so it's important to act quickly to avoid losing your right to challenge the decision.

• If you plan to reapply from scratch after a denial, you are not bound by a specific deadline other than the usual work history and eligibility criteria for SSDI or SSI.
• However, for appeals, you must file your request for reconsideration within 60 days of receiving your denial letter.