If Social Security Turns Down My Case Can I apply For Disability A Second Time?The simple answer to this question is yes. An individual can apply for disability as many times as they wish to apply. However, is it best to reapply for disability if your initial disability claim is denied? No, statistically, it is not to an individual's advantage to file a new claim if their initial disability claim is denied. It is far more advantageous for an individual to file an appeal of the denial of their disability case than to file another new disability claim. Only thirty five percent of initial disability claims result in an approval of disability benefits. On the other hand, roughly two thirds of all disability cases are approved for disability benefits at the administrative law judge hearing, which represents the second appeal in the SSA system. So how does an individual get to an administrative law judge hearing? If an individual's initial disability claim is denied, they have a sixty-five day appeal period to file their first appeal, a request for reconsideration appeal. The reconsideration appeal is sent to the same state disability agency (DDS, which stands for disability determination services) for a medical decision. And, as you might guess, there are very few approvals at this level of the disability process. The reason for this is simple. Reconsideration appeals are sent to the same agency for a decision and the process is exactly the same as what happened on the initial claim (the disability application). The only difference is that another disability examiner makes the medical decision. Frankly, not many initial decisions are overturned at the reconsideration level because all disability examiners are bound by the same medical and vocational disability guidelines and there is very little flexibility in the decison-making process. National statistics indicate only about ten to fifteen percent of all reconsiderations are disability approvals. For most individuals the request for reconsideration is just a stepping-stone to an administrative law judge hearing, which is the second appeal that a claimant may have. In the end, individuals who file an appeal of their initial disability claim through to the level of an administrative law judge hearing are far more likely to win their disability benefits than those who file new disability claims following the denial of a prior claim. Why is this? The fact that administrative law judges have far more flexibility in making their disability decisions than state disability agency examiners is part of the answer. However, most claimants who go to hearings before federal judges have representation in the form of a disability attorney or a non-attorney disability representative. When representation is at hand, the case is generally made stronger as a result of case preparation that involves the claimant's representative obtaining updated medical records, statements from the claimant's treating physician, or physicians, as well as a review of the social security file, including the pior decisions that were made by disability examiners at the initial claim and reconsideration appeal levels. By understanding why the case was previously denied at both levels, the representative can develop a greater understanding of what is needed to better substantiate the case in terms of evidence and a rationale for approval (to be presented to the judge). About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. 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