Should I Appeal a Disability Denial or Reapply?

Most applicants ("claimants") for SSDI or SSI benefits are denied disability at least once—and often two or even three times—before they're ultimately approved. If your claim is denied, you can appeal within 60 days of receiving a denial. But if you miss the appeal deadline or you decide not to appeal at that time, you may be able to reopen your denied claim at a later date.

Reopening a denied disability claim can be risky compared with the more straightforward, albeit lengthy, appeals process. But both of these methods can result in an approval of benefits and an award of backpay. If your disability application was denied, you should know about the pros and cons of each approach before deciding your next steps.

How Long Does It Take to Appeal a Social Security Disability Denial?

When people talk about Social Security "denying everybody two or three times," they're typically referring to the average time it takes to get approved after appealing to a disability judge or Appeals Council. There are generally three steps in the administrative appeal process.

Reconsideration Review: The First Level of Appeal for SSI

The first step after an initial denial is called a "request for reconsideration." Reconsideration is the first level of appeal in the disability determination process. You'll need to file your request within 60 days of receiving your denial letter.

According to the Social Security Administration, in fiscal year 2023, the average processing time for reconsideration review was about seven months. And, unfortunately, most requests for reconsideration are denied (in recent years, only about 10-15% are approved at this level). If you're part of the majority of claimants who are denied a second time, you'll need to appeal again—by requesting a hearing in front of an administrative law judge.

Requesting a Hearing After Your Second Denial

You can ask for a hearing with an administrative law judge (ALJ) after your second denial. You have 60 days after you've received your reconsideration denial to submit your request for an ALJ hearing. Claimants who are ultimately awarded disability benefits tend to be approved at the hearing level, with around 45-50% of ALJs issuing favorable decisions.

The downside is that it takes a long time to have your appeal hearing scheduled, conducted, and then decided. Waiting time varies by hearing office, but it could take anywhere between 7 to 20 months before your appeal makes it in front of an ALJ. On average, you should expect to wait one year after your reconsideration appeal to hold your hearing.

Review by the Appeals Council

If you receive an unfavorable decision from an ALJ, you have one last administrative appeal. You can, within 60 days of your notice of unfavorable decision, ask the Appeals Council to review the judge's decision and see if they made a "reversible error" (a mistake applying the law).

The Appeals Council doesn't have to review your claim, but if it does, it's likely to "remand" (send back) your case to the same ALJ, with additional instructions on how to handle your claim. That means you'll have another hearing scheduled, which can add many more months to your appeal.

I Was Denied a 2nd and 3rd Time. Should I Reapply for Disability?

If you were denied a second time—meaning you were denied at the reconsideration level but haven't had the chance to speak with an ALJ—it's generally a good idea to appeal the denial rather than reapply for benefits. As mentioned above, disability claimants have the best chances of success at the hearing level, so it doesn't usually make a lot of sense to reapply without taking your best shot at a favorable outcome.

If you received a third denial—meaning you received an unfavorable decision from an ALJ—the calculations become a bit murkier. The Appeals Council doesn't often grant review of ALJ decisions, because judges have a lot of discretion in deciding disability claims. So while you might disagree with the judge's decision, it won't be reviewed unless the ALJ made a reversible error.

At this stage, it's wise to consult with an attorney, if you don't have one already. Your lawyer can review the ALJ's decision, your medical records, and your procedural history to determine whether it's better for you to take your claim to the Appeals Council or to reapply for benefits.

Reapplying and Reopening a Previous Disability Claim

If you decide not to appeal the denial of your claim, or if you miss the appeal deadline without good cause (at any stage), then Social Security will close your case (meaning that the agency has made its final determination on that claim). You can reapply, which means starting over by filing another initial application. However, you may be able to have your earlier claim reopened if your new claim is related to your original one.

An example of a related claim would be if you initially applied for benefits based on stenosis in your lumbar spine. Your claim is denied, and you later reapply because of a herniated disc, also in your lumbar spine. Because both claims involve lower back impairments, Social Security can consider the later claim to be related to the earlier one.

Even related prior claims can only be reopened if they "overlap," meaning they share a timeframe during which you're alleging disability. (Generally, this means that your second claim must have a disability onset date that's within a year or a year and a half of your initial application.) And Social Security has limits on reopening previous claims that were closed more than one year before the new claim was filed. (20 C.F.R. §404.988.)

Benefits of Reopening a Claim

When you're approved for SSI disability benefits, you're eligible for payments going back to the date of your initial application (SSDI benefits can go back even further). If your previous claim is reopened, Social Security will use the date of your first application to calculate the amount of back pay you're owed—which can result in a significantly larger disability check.

Downsides of Reopening a Claim

There aren't too many downsides of reopening a claim if you've filed a new application, so long as you've exhausted all your appeals. For most claimants, the question as to whether they should reapply and reopen versus further appeals comes after they've been denied by an ALJ or by the Appeals Council.

Keep in mind that, while there's no limit on how many applications you can file, you'll get diminishing returns the more you reapply. For example, the further in time you get from your first claim, the less likely you'll be able to reopen that claim. Also, claimants who repeatedly file for benefits without following up on appeals can (often unfairly) come across as just looking for "easy money" rather than being serious about their inability to work.

How to Reapply for Disability

You don't have to do anything special to reapply for SSI or SSDI disability benefits. You'll file a new initial application, just as you did with your previous claim. You can do this in several ways:

• Apply online at Social Security's official website.
• Call 800-772-1213 (TTY 800-325-0778 if you're deaf or hard of hearing) from 8 a.m. to 7 p.m., Monday through Friday, to schedule an appointment with a Social Security representative.
• Go in person to your local Social Security field office.

If you're on the fence about whether to continue appealing a denial of benefits or to file a new application, consider speaking with an experienced disability attorney. Disability lawyers often offer free consultations, and can help you evaluate the pros and cons of appealing or reapplying in your particular situation.