Starting a New Disability Claim After an Unfavorable Hearing Decision

If you lose at your disability hearing, you can choose to appeal, or you can choose to start a new application. In the past you could do both but no longer - you have to choose only one option.

As I discuss in this video, if you choose to start a new claim with a new attorney, you need to understand what considerations a new attorney will make when deciding whether to accept your case for representation.

At a minimum, you need to provide the new attorney with a copy of the unfavorable hearing decision so the new attorney can understand why you were denied. You also need to explain what has changed so that a better result may be possible. Sometimes your case can improve simply because of your age - at age 50 the grid rules may apply and make your claim significantly stronger.

And finally, you should not bad mouth your prior attorney or blame the unfavorable decision on the prior lawyer. Let the facts and evidence speak for itself.

There are many reasons why your new case could be much stronger and result in an award of benefits - help your new attorney see these reasons clearly.
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[TWolf]

I was denied by an ALJ, re-applied, and was approved on initial five months later with no attorney. As you have said in another video, a lot of this comes down to WHICH ALJ you get, possibly even more than what is in your medical records. When I re-applied, I wasn't thinking about a new attorney. I was just thinking about getting my case in front of someone who didn't dismiss cases out of hand.

[slimm]

Hi, my name is precious. I'm 32 years old. Unfortunately, I have fibromyalgia carpal tunnel or arthritis. I've had two surgeries on my Right hand and my left hand is also positive for nerve compression. I have a 15 year work history. And for the past two years I've have difficulties walking standing lifting doing my hair. And out of the blue Hoglund disability lawyers called me. After my third denial I now have found out the judge has made a decision, but it has to go to the underwriter. I'm just wondering have I really went to 4 years 5 years. Actually, my first time filing for disability was in 2012, but I was told my work history was too significant. I just Want to know some insight on whether you think I might have a strong chance now that I do have an attorney.

[marlinaw]

So what if it was the ALJ at the hearing that said the attorney was incompetent and not the client? Would you still not take the clients case? The judge was very agitated that the lawyers submitted medical records 2 days late and not only that they sent a contract lawyer to represent the client instead of coming themselves? The client had no way of knowing or even thoguht the attorneys were incompetent that came from the ALJ's mouth during the hearing. Do you advise that client still use that attorney?

[iamjustdiamond]

Good Video Thanks For All Your Videos I Look Forward To Watching Them All

[spreadpositivity]

My attorney was good and we still lost. Now my only hope is that a different judge will have a different opinion.

[samsss]

I was denied by the alj jan 2018. My age was referenced numerous times (under 50). My lawyer who has a 98% win rate wanted to appeal. We did so and was denied a new hearing. The appeals council found errors by the judge but they did not affect the outcome of the hearing. My lawyer found a law firm to take it to the federal level and they accepted my case, I decided not to pursue this case further. My lawyer encouraged me to refile as I have turned 50 in April of 2019, I have recently done so. At the sedentary level (alj decided this) high school graduate and no transferable skills at 50 I should grid out (they also decided I can't return to my past jobs). Does the new examiner use this information from before and just update my medical proof and build on it, or does she just start over as if I am just applying new and make a new determination of my level of abilities and don't consider my past case? I have received a letter asking me to call and discuss direct deposit or direct express payment option over the weekend. I am not sure if this is standard practice to ask for or why they would request this information. Thanks for any insight you can provide.

[lopezcora]

ive been on ssi for too many years.for " mood disorder(s).. I went to a mental evaluation..they decided that " I no longer disabled and am able to work" " ssi discontinued".
I filed an appeal and Ive been evaluated two more times..(1st was mostly physically...reflexes..arm strength..vision etc) dr. said " he was going to decide in my favor"..
2nd evaluation was mostly questions re: memory..counting..spelling .
I tried my best to answer correctly..( ive been doing word quizzes and trying to remember specific words..so I think I did good.I did mess up ..trying to spell or count backwards....I noticed her paying closer attention..and looked dissapointed ? when i didnt continue making a mistake.. Im not sure..if that will determine if im still eligible or not.( If This appeal is ruled in favor of the social security administration then is my only option to reapply?)

[chrisdejesus]

Hi.. Hearing was just denied today after applying 3 times over the last 9 years (only appealed last denial in 2016). 9 years of Medical evidence and medication up until this last year. But no insurance since May (due to move) so no more doctors visits or meds. Lawyers wouldn't take on case without treatment and of course I was denied even though Judge spoke to vocational expert and she stated no jobs available after 2nd time. Need assistance please. Appeal or start all over again? In desperate need of treatment and income. Thank you.

[itismeagainbitisnotme]

If a person is eligible financially etc and they have ample evidence that they go over and beyond meeting a blue book listing can the ALJ ignore your evidence that you meet a listing criteria and give a denial?

[carmanrobinson]

I have a fully favorable award since 2009 I've just now realized my AOD is incorrect it should have been earlier date what can be done

[myeshiaturner]

I just got my letter for my son begin unfavorable and he has seizure and I was denied why??? Plus I got a lawyer for him. So what I need to do??? I dnt understand why she would do that plus I got doctor behind me. Plz help me

[dhaskinsful]

First thing I have been asked, first by the judge, then by the attorney I contacted after my hearing. Do you have representation?

[jameshoneycutt]

I've waited 3 years and was denied! The appeal is going to take a year to 15 months! I have new medical records and now I'm 50 I'm going to have to start over that's a hard choice!

[epdoglover]

Is there a certain time you should wait before re-filing?

[foxybrown]

Thank you! Your videos are very helpful. I have received a unfavorable decision letter this past March 2018. I was wondering if it had something to do with it being a video hearing. I have very strong accountable medical records.

[christinasmith]

Hi... I received my three denials and then had my hearing in May. I just found out about a week ago that I received an unfavorable decision. Do you recommend appealing or starting over again? I realize there’s different criteria, but surprised that since I’m approved for my supplemental LTD that I was denied.
My attorneys office said it would probably be around the first of the year when they contacted me with their recommendations as to whether or not we appeal or start over.
I’m living off my 401K, which is about to run out. I need financial help but don’t qualify for Medicaid here in Texas. Any suggestions??

[GlynRobinson]

I was informed I could not file a new claim after I file suit in federal court. Is this correct?

[clynn]

What if I miss the deadline filing out the initial application online? Can I start a new application tomorrow once I miss the deadline today? Or do you think they will deny me, even though I didn't complete or finish submiting the application?

[katiedower]

I was denied by a judge now my lawyer said she is appealing I have recently been diagnosed with PTSd I tried to contact her but no answer still can I switch lawyers

[hykeemrobinson]

Hi Jonathan . If you have additional medical evidence but already filed for an appeal for a hearing, but haven't received a hearing date, is it possible to be approved before your hearing if you send in additional medical evidence ?