Should I file a new Social Security Disability Claim (SSDI), instead of appealing a Denial with the Appeal Council Review? Part 1

The Appeal Council examine all requests for review, however, they can deny a request if the hearing decision was correct.

It is unbelievable and frustrating when you receive the notice that your Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) appeal case has been denied.  Unfortunately, about 70% of the SSDI and SSI claims are denied.  The reason why so many people disability claims are denied is because of not enough substantial medical records, test results.  One of the biggest mistakes made by an applicant is filing a Supplemental Security Income or Social Security Disability Insurance (SSDI) is especially when those who do not know the Social Security Administration process and they just file a new claim instead of appealing the denial from the Administrative Law Judge (ALJ).

There are a lot of reasons why you should not file a new disability claim under most situations.  By filing a new disability claim will not protect your filing date when you first applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).  Meaning you will not receive any back pay that accrued when you submit a new disability claim.

The protective filing date is used to calculate the amount of your back pay due to you when your claim is approved.  After you get approved, you will be paid all of your back pay money and start receiving benefits on your protective claim filing date.  It is a bad idea to start a new claim because it will start the process over again, which means you can miss out on thousands of dollars’ worth of benefits due to adjusting the protective filing date.  Therefore, it is very important to request an Appeal Council Review for the Administrative Law Judge denial decision.

One of the reasons why people file a new claim is because they did not have new medical evidence for the disability Initial Claim, Appeal Case, and Appeal Council Review.  Therefore, it is not necessary to file a new disability claim due to having new medical evidence to be reviewed.  However, it is not worth your while to request an Appeal Council Review if you do not have recent new medical substantial evidence.  When requesting an Appeal Council Review it will allow you to gather more substantial medical evidence to present to the Social Security Administration to determine if you qualify for disability benefits.

To sum it up, you do not gain anything by filing a completely Social Security Disability Insurance (SSDI) or Supplemental Security Income new claim because you will lose a lot of money.

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