SHOULD YOU APPLY FOR DISABILITY AGAIN IN CALIFORNIA AFTER A DENIAL?



If you get denied for disability in California should you apply again?



 
If you get denied for disability should you apply again? No. You should not apply again. You should appeal. You have sixty days from the date of your last denial to file an appeal (actually, you have 65 days since social security will give you an additional five days for mail time--which they never tell you about). However, you should not waste any of this time. You should, instead, get the appeal going ASAP.

In other words, if you have a lawyer, call them and let them know that you have received a denial notice (they should receive a copy... but sometimes SSA drops the ball on this) so they can file your appeal for you. If you are not represented, immediately contact the social security office and let them know that you wish to file an appeal.

Why do so many people think that a claimant who has been denied should file a new application? Simply this: they don't understand the process. A claimant who gets denied for disability and decides to apply again will just get denied again.

A claimant who gets denied, however, and files an appeal in California will probably also get denied on their appeal. BUT---after the first appeal has been denied, the claimant can request a disability hearing. And it is at this stage of the process that a claimant who has been initially denied will stand their best chances of being approved for disability. But you can't get to a disability hearing unless you follow the appeal process.


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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