reopen a prior Social Security Disability application

Filing for Social Security Disability benefits can be a challenging and often lengthy process. Many applicants face denials on their first try and may feel discouraged from reapplying or even reopening a prior application. However, reopening a previous Social Security Disability application may be possible in certain situations and could result in a higher back pay award if successful. Here, we’ll explore whether it’s difficult to reopen a prior Social Security Disability application, the conditions under which reopening may be allowed, and why, in some cases, filing a new application might be a better choice.

When Can You Reopen a Prior Social Security Disability Application?

Reopening a prior application for disability benefits isn’t always easy, but the Social Security Administration (SSA) provides specific circumstances under which it may be allowed. Generally, the SSA will consider reopening a case if:

  1. There’s New and Material Evidence: If you have new evidence that supports your claim and that wasn’t available during your initial application, you may have grounds to request reopening.

  2. Reopening Within a Certain Time Frame:

    • If the previous application was denied within the last 12 months, it may be easier to reopen the case.

    • If the denial was within four years for SSDI (Social Security Disability Insurance) or two years for SSI (Supplemental Security Income), the SSA might still consider reopening if you have new evidence or there was a clear error in the original decision.

  3. Clear Error or Administrative Mistake: In rare cases, if the SSA made an obvious error in evaluating the evidence, it may reopen the case to correct it.

  4. Fraud or Similar Fault: If fraud or similar fault influenced the denial decision, this may also be grounds for reopening.

Why It’s So Difficult to Reopen a Prior Application

While the SSA does allow for the reopening of prior applications, it’s often extremely challenging for several reasons:

  1. Strict Rules and Time Frames: The SSA has strict criteria and limited timeframes for reopening cases. Applications older than four years are nearly impossible to reopen, as the SSA typically requires significant new evidence or a compelling reason, such as a clear administrative error, to consider reopening.

  2. High Burden of Proof: To successfully reopen an application, you must provide evidence that not only supports your disability but also clearly shows how the condition was disabling during the time of the initial application. This can be challenging, as it requires strong medical documentation and evidence of limitations from that specific period.

  3. Potentially Lengthy Process: Even if your request is considered, reopening a case can add more time to an already lengthy process. By contrast, filing a new application may lead to a faster resolution, especially if your condition has worsened or your new evidence is more recent and complete.

  4. Limited Approval by SSA: The SSA tends to be cautious in reopening cases to avoid setting a precedent for appeals beyond normal channels. This means that many requests to reopen are often denied, even when supported by new evidence.

Why Filing a New Application Might Be a Better Choice

For many applicants, filing a new application may be a better, more efficient option. Here’s why:

  1. Clearer, Updated Evidence: A new application allows you to present updated evidence and a clearer picture of your current limitations. This can be especially helpful if your condition has worsened or if new treatments have provided more information on your limitations.

  2. Potential for Faster Processing: With a new application, you start fresh, which may streamline the process and avoid the complications involved with reopening. Although a new application might seem like a setback, it may lead to a quicker decision and increase your chances of approval.

  3. Higher Likelihood of Success: Reopening requires you to prove that you were disabled during the prior application period. With a new application, you only need to prove that you’re currently disabled, which can be less burdensome if you now have stronger medical evidence.

  4. Option to Appeal if Denied: With a new application, if you’re denied, you retain the right to appeal the decision, potentially leading to a more favorable outcome at a hearing.

Steps to Improve Your Chances of Success

If you believe reopening your case is the best option, consider the following steps:

  1. Gather New, Relevant Evidence: Collect any recent medical records, doctor’s opinions, or test results that clearly show the severity of your condition during the original application period.

  2. Consult with a Disability Attorney: An experienced Social Security Disability attorney can help you assess whether you have grounds to reopen your case or if filing a new application would be a better approach. They can also assist in collecting evidence, drafting a request to reopen, and representing you throughout the process.

  3. Act Quickly: Time is of the essence. If your initial application was denied within the last four years, consider requesting reopening as soon as you gather your evidence. The sooner you act, the more likely the SSA may consider your request.

Conclusion

While reopening a prior Social Security Disability application is possible, it is often difficult due to strict requirements and high burdens of proof. For many applicants, filing a new application can offer a more straightforward path to benefits, especially if you have stronger evidence now than at the time of your original claim.

If you’re uncertain about the best path forward, or if you’d like assistance in filing a new application, our experienced team is here to help. Reach out for a consultation to explore your options and start working toward the benefits you deserve.

By ChristopherLe Law

Christopher Le is the Founder of the Law Offices of Christopher Le. Born and raised in San Antonio, Texas, he became the first Vietnamese American in his family to become an Attorney. He takes pride in representing the working person against big insurance companies and feels that our system of justice guarantees equal rights to all citizens. He also fights for those who are no longer able to work due to a disabling condition file for social security disability benefits. Christopher comes from a hard working family who came to the United States with very little.

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