If someone is denied to receive Social Security disability benefits, it is highly recommended to appeal these denials. Some may continue filing separate claims each time, but that can hurt your case. The decision would not change if you file separate claims each time because it would continue to be sent to the same agency that denied your first claim instead of moving to another agency, which is likely that it will be denied for the same reasons. Though a reconsideration appeal — which is the first appeal — has approval rates of roughly 15 percent, that direction is more successful than reapplying every time.
Reconsideration appeals are also sent to be furthered review for a medical decision. This difference between this is that the disability agent takes the time to review the file and they make the decision. Generally speaking, unless a mistake was made by the initial examiner or there have been some new medical evidence, the appeal may still be denied for the same reasoning as before. Though, based on the actuality of the situation, the reconsideration appeal may not seem like a better option, it is a better option than filing another initial claim because it can be a step closer to appearing in front of an administrative judge.
If your claim gets denied three times, there are other options that you can take:
Give up on your claim: Of course, this option isn’t recommended, especially after all of the appeals you’ve already went through to get this far. Those who are persistent with this, at likely to win their claim once they keep trying. Your probability has increased just by the amount of attempts you have gone through and also having a representative in the presence as well. Your representative will have vital information to plead your case, such as medical records and statements from medical professionals.
File an appeal with the council: An appeal council is a group a judges who review your disability case and based on all information provided, make a decision.
Filing an appeal with the council and also a new disability claim: After being denied three times, at this point, you are able to take both actions. Generally, a decision on a new claim will be determined before the appeal council makes a decision. It makes the most sense to file a new claim during this process because by the time a case has gotten this far, there should be more medical evidence to support your claim to come up with a new decision.
If you are denied for Social Security disability benefits, especially multiple times, it is natural to want to give up. If you have a lawyer with you, they will make sure you don’t lose hope and continue fighting. A lawyer will want to maximize your success by taking chances on your claim and doing what they need to do so you can receive your benefits.