San Francisco, CA asked in Social Security for California

Q: If I was denied SS a few years back, should I appeal or start over since it's been so long?

I was denied SS a few years ago in Texas. I have since moved to California and am receiving better healthcare treatment than in Tx. I have confirmed my diagnosises by my new doctor. With that, I want to appeal my denial asap.

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1 Lawyer Answer
Katherine Audrianna Roe
Katherine Audrianna Roe
  • Social Security Disability Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you received a denial a few years ago you will need to reapply for Social Security Disability benefits. The deadline to appeal a decision is 60 days (plus 5 for mailing) from the date on your denial letter. In certain circumstances you can re-open a prior claim, but most often it must be done within 12 months of the prior denial. There are limited circumstances when you can reopen a claim that is more than a year old. This is difficult.

To reopen your prior claim, you still have to file a new application for disability. You tell Social Security that you would like reopen your old claim and that your onset date (the date which you became disabled) is within the same time frame covered by your first application. (If you are applying for Social Security Disability Insurance (SSDI) then, this must be within 17 months of the initial application.

Re-opening a prior claim can be challenging. I recommend consulting with a Social Security Disability attorney local to you if this is the route you choose to go.

Peter Anthony Bohan agrees with this answer

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