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WHEN DENIED, IS IT BETTER TO FILE AN APPEAL OR A NEW CLAIM?

Let's face facts, about 7 out of 10 new disability claims will be denied initially.  Most claims are now won in the appeals process, not in the application phase.  Is it better to appeal a denied claim or file a new application?  Here are reasons why I think it's better to appeal in most cases:

  • Appeals will not unnecessarily delay your case.  Filing a new application will.
  • The chances are high that a new application will also be denied.
  • The odds of winning an appeal are much higher than a new application.
  • An appeal can preserve your potential back pay; a new claim may not.
  • An appeal does not start over, while a new claim is starting over.
  • The appeal takes your case to a higher and higher review authority; a new claim goes to same agency that denied you in the first place.
There could be some unusual circumstances that make a new claim necessary.  But in most cases the appeal is the better option.

 

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