Should a person refile a denied SSDI claim or to appeal it with the assistance of a Tulsa disability attorney? In this video, SSDI lawyer Steve Troutman explains the benefits of disability appeals over refiling based on access to past-due disability benefits.
The process of obtaining Social Security Disability benefits can be difficult. Our disability law firm offers free consultations to prospective SSDI applicants, as well as applicants who have already tried to file for disability and have been denied.
If someone is denied, they can refile. I generally recommend that they appeal instead of refiling. I think sometimes people are misled by either friends or maybe by someone in the Social Security Administration, we see it where someone is denied, they might wait two or three months and then they just refile. The problem with refiling is they’ve lost potential past due benefits. Social Security calls what most people think of as their back pay past-due benefits. So if a person applies and is denied and then waits a while and then reapplies, Social Security will only pay you, it depends on the type of claim, at very most, they can pay you a year prior to when you applied the last time. In some cases it’s actually the application date; they won’t pay you prior to that. So if someone just files a new application then they’ll lose some of that back pay that they might have otherwise received.
To have a free consultation of your disability claim, call us at (918) 265-1404 or visit us at TroutmanLaw.com.