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IS FILING A NEW CLAIM THE SAME AS AN APPEAL? NO!

Let me be brutally honest:  Social Security denies almost 9 out of 10 disability claims in Alabama and Tennessee.  

You should NOT file a new application. Here are 6 reasons:

  1. A new application is starting over.  That's bad.
  2. A new application repeats the 5 months waiting period that you've already met.
  3. A new application loses all or part of the past due benefits to which you may be entitled.
  4. A new application has even less chance of approval than your first one.
  5. A new application forces you to wait an extra 12 to 24 months for a final decision/pay.
  6. Your basic eligibility (DLI) may expire before the new application is filed.

You are nearly always better off to file an appeal of your denied claim, not a new application.

An appeal is not the same thing as a new application. 

NEW APPLICATION                                             APPEAL

* Brand new application (starts over)           Keeps your application active

* Restarts waiting periods                           Does not restart waiting

*  Begins at the same level all over              Goes to next higher level

*  May take 24 months for a decision            Gives a quicker decision

*  Has even less chance of approval              May have a better chance

* Loses some or all back pay                        Protects potential back pay 

* Can let eligibility expire                             Never lets eligibility expire

 

Don't take the advice of well meaning friends or others who have no experience in Social Security law!

Call an experienced Social Security disability attorney or advocate who knows the regulations and can give you correct free advice. 

THE FORSYTHE FIRM in Huntsville provides free consultations for persons needing Social Security disability.  Call (256) 799-0297.

                                                   

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