Filing a New SSDI Claim is a Bad Idea after being Denied$$ DiCesare, Davidson & Barker, P.A.
Receiving a notice that your SSDI claim has been denied is extremely frustrating. Unfortunately, it’s also incredibly common. Almost 70 percent of all applicants are denied. Many times those applicants make one of the biggest mistakes possible. They file a new claim instead of appealing the denial.
The number-one reason to not file a new claim is one of the most straightforward reasons, the protected filing date. Your protected filing date is based on the date that you first informed the Social Security Administration that you wished to file for disability benefits. This date is used to calculate the amount of back pay you will receive. Once your claim is approved, you will receive all benefits that you would have been paid if you started receiving benefits on your filing date. Starting a new claim starts the whole process over with a new filing date. You are essentially forfeiting any benefits you would have received while the first claim was being processed.
Many times people file a new claim because they have new medical evidence that was not available at the time they initially filed. However, a new claim is not required to have new evidence considered. The appeals process is in place for this reason. During the appeals process, you are expected to gather and present more evidence to the Social Security Administration to verify that you qualify for disability benefits.
The only legitimate reason to file new claim is if you have exceeded the time limit allowed for appeals and are unable to receive an extension. Filing a new claim versus appealing your initial claim is almost always the wrong choice. If your SSDI claim is denied, it’s vital that you contact a Social Security attorney immediately. An attorney will work quickly and effectively to ensure your appeal process runs smoothly.