No matter how strong a disability case looks before a hearing, for reasons that often aren’t even clear to an attorney, administrative law judges deny good cases.
When this happens, the first instinct of most clients is to appeal. They feel wronged, and they want to get the years of backpay they’re entitled to at this point.
And sometimes, that’s the way to go. A case goes up to the Appeals Council, the body that oversees ALJs in the Social Security Administration, and after even more waiting, it’s awarded.
But that’s not always the best call to make after an ALJ denial. While clients don’t like to hear it, sometimes the best strategy is to file a new application, which yes, can mean giving up a substantial amount of backpay.
So, why would you want to file a new application instead of an appeal? The reasons can vary a lot, but one thing to keep in mind is that an appeal is really just reviewing the judge’s decision for mistakes. If an obvious mistake was made at the hearing, that’s a great reason to file an appeal.
However, many clients start to experience worsening health after a hearing, or even shortly before. In those cases, a new disability claim is usually the way to go.
Another reason to file a new application is an age change. The ages of 50 and 55 are really key ages where people are approved. If you’re denied disability benefits a year or so before reaching these new age categories, a new application is very often the way to go to pursue disability.
But, all cases are different, so it’s best to consult with an attorney about whether to appeal or file a new application for disability benefits.
