REOPEN YOUR PRIOR APPLICATION & GET ALL YOUR DISABILITY BENEFITS
CAN YOU REOPEN A PRIOR APPLICATION?
Reopening a prior application is sometimes possible in SSDI cases. However, it is not easy to reopen a prior application. If you let an old application lapse and did not appeal it within the proper time frame, then you may not be able to reopen it. Additionally, there are limits on reopening prior applications.
However, reopening is a great tool to help you with your SSDI case. Because if you reopen an old application, then it can get you additional past due SSDI benefits.
Many people file an application for Social Security disability benefits multiple times. For example, some people file an application and when they get a denial, they don’t appeal. Usually, they don’t appeal because they think they are going to return to work. Likewise, sometimes people simply miss the 60 day time frame to file an appeal. Then, the SSA tells them they need to file a new application.
YOU CAN REOPEN AN OLD APPLICATION IF IT MEETS CERTAIN RULES
If you have filed two applications, then you may be able to reopen your first application. This is especially true if you have filed an application two or three times within a one or two year period. You have the right to ask for a “reopening” of your first or prior application. The law states that a prior application can be reopened for any reason within a 12 month period from the date of the initial denial.
“An ALJ has the authority to reopen an initial, revised or reconsidered determination, or a hearing decision or revised hearing decision under title II or title XVI of the Social Security Act for any reason within 12 months from the date of the notice of the initial determination.”
In order to reopen a prior application, you need to ask the ALJ to reopen it at your hearing. Additionally, you usually need a reason to request reopening. It could be a simple reason, such as you didn’t file an appeal within 60 days because you were in the hospital. Or, perhaps you did not receive your denial in the mail because you changed your address. Or, you may have a mental illness that prevents you from understanding your appeal rights. Likewise, you may have been trying to gather all of your medical records before filing your appeal.
YOU MUST HAVE A REASON TO REOPEN A PRIOR APPLICATION
As long as you have a reason, the ALJ must consider a reopening request that is within 12 months of the initial denial date. However, the rules do not require a judge to automatically reopen a previous decision, even if it is within 12 months.
But, the ALJ cannot automatically deny a request to reopen a prior application. If the ALJ reopens a prior application, then it should result in you getting a larger back benefit amount. In other words, you will receive all of the past due benefits due to you since you filed your first application.
If you have questions about how to reopen an old application, then you should contact our office. The attorneys at our law firm can explain if you are eligible to reopen your prior application. For instance, we can look at your claim and determine if we can reopen your prior applications. We consider it our job to win benefits on your current application. At the same time, we will attempt to reopen any past applications to increase your SSDI benefits. We will use our years of hearing experience to win all of your SSD benefits.
SSA’S REQUIREMENTS FOR REOPENING AN APPLICATION
The following elements are required before a determination or decision may be reopened:
TWO FORMS OF SOCIAL SECURITY BENEFITS
There are two forms of benefits for which you can file an application: Social Security Disability Insurance benefits and Supplemental Security Income benefits. You can file an application on the Social Security’s website. Below, find an explanation as to each type of benefit you can apply for:
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who have worked and can no longer work at any job due to a severe medical condition. The amount of money you will receive from SSDI benefits every month is based on the Social Security taxes you have paid during your work history.
To qualify for SSDI benefits, you must have enough “work credits.” A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you need will depend on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, then you can only file for Supplemental Security Income benefits.
Supplemental Security Income (SSI):
SSI is a needs based benefit and it is for those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those in your house, not just your income and assets. If you have a spouse who earns more than $5000 a month, then that income will prevent you from getting SSI benefits. You cannot get SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules for SSI.
REOPENING RULES ARE DIFFERENT FOR SSDI AND SSI BENEFITS
SSDI APPLICATIONS
You can request that a judge to reopen an SSDI application. But only if you file a second application within one year of the date of the denial on the first application. You can reopen the first application “for any reason.”
For example, pretend you filed your first application on January 1, 2021 and then you were denied by the SSA on March 1, 2021. Then, after the denial you did not appeal it. Instead, you decide on January 1, 2022, to file a second application. Because you filed your second application within one year of the denial date on your first application, you can request reopening of the first application.
When you file your second application, you can request that the SSA reopen your prior application. However, whether or not your applications will pay back in time is up to the SSA judge. If you want to be paid on a prior application, then it is good to hire an attorney to represent you. Your attorney will try and win all of your past due benefits. However, there is no law stating that the judge must reopen a prior application.
SSI APPLICATIONS AND HOW TO REOPEN FOR GOOD CAUSE
You have two years to reopen SSI applications. However, you can only reopen an SSI decision within 2 years from the date of notice of the initial decision for “good cause.”
There is good cause to reopen a decision up to two years after the initial decision if:
- There is new and material evidence;
- A clerical error has been made; or
- There is an error on the face of the evidence.
A change of ruling or law does NOT constitute good cause.
If you have prior applications, then you really need an attorney to help you argue your case. Arguing that good cause applies is complex. You will need to make that argument to the judge at your hearing. It is best to hire an attorney to make the arguments for you. That way you can win as much of your past due benefit as possible.
WHAT IS NEW AND MATERIAL EVIDENCE?
In a Social Security Disability claim, new and material evidence refers to medical evidence or other evidence that the SSA has not previously seen and has the potential to change the outcome of the case. To qualify as “new,” the evidence must not be part of the original record when the claim was first denied.
To be “material,” the new evidence must be relevant to your disability during the period in question. The new evidence must provide substantial proof that your medical condition is worse or that the prior SSA decision contained an error. Examples of new and material evidence include medical records that were not available at the time of the SSA’s review. For example, in one case, our client had treatment from one doctor for over 10 years, but her doctor stated the old records were destroyed. However, a nurse was able to find a copy of prior MRIs, progress notes and other testing in their archives. These records were new to the SSA’s review of the case. They also showed that her Multiple Sclerosis symptoms were severe.
Other evidence you could submit are test results that confirm your medical condition. Additionally, you can submit expert opinion evidence that the SSA may not have. For example, if you have had a functional evaluation in the past, then the SSA may not have a copy. Or there may be prior MRIs, CT scans, blood work, mental exams, or physical therapy treatment that you can obtain. If there is prior evidence that was missing on your first review and you couldn’t obtain it, then you can still submit it and request reopening.
HIRE AN ATTORNEY WITH LEGAL EXPERIENCE
If new evidence contradicts SSA’s prior findings, then it may provide grounds for reopening your case. Additionally, if you can show the SSA did not review key medical records or that there was a legal error, then the new evidence may be material to your SSD claim. In these situations, reopening a prior application can result in additional past due benefits.
If you cannot work, then your SSD benefits dictate the money you have to support yourself. Likewise, it will impact the money you need to support your family. Clearly, filing for and being paid benefits is crucial. But, so is the ability to reopen a prior application, because it will provide you with more money.
Therefore, you need to hire a law firm that cares about your benefits. We are one of the best Social Security firms in the country. Also, we are one of the best Social Security law firms in Las Vegas, Nevada. We are also the best SSD law firm in Utah. Additionally, we represent clients in Idaho. Learn about Idaho SSD benefits.
You can learn about Utah SSD benefits. Nevada SSD benefit information is also available for you. If you are from California, then we have California SSD benefits information. Additionally, if you have questions about Colorado SSD benefits, then we have that for you too. Hire us. We can represent you no matter where you live.
WHAT WE DO TO HELP YOU WIN SSDI AND SSI BENEFITS
You do not need to try to win your SSD benefits by yourself. We can help you file your SSD application. Also, we can help you appeal every SSA denial. For example, our attorneys and staff can:
- Send you the paperwork you need to become our client
- Help you file your application for SSD and SSI benefits
- Inform the SSA they should pay benefits under the Compassionate Allowance Rules
- File an appeal if you receive a denial
- Help you confirm your SSA medical exam
- Request a Hearing with an SSA Judge
- Prepare you to testify at your ALJ hearing
- Represent you at your hearing and question the expert witnesses
- Read about job experts
- Learn about medical expert testimony
- Request review of an SSA decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your SSD application on Social Security’s website, then you have 6 months to complete it. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you don’t send it back, then the SSA will not process your application. Sign it and send it back as soon as possible.
WE CAN TRY TO REOPEN YOUR PRIOR APPLICATION
We have over 30 years of legal experience. During that time, our SSD Law firm has won over 20,000 cases for our clients. All of our lawyers and staff work on your SSD case. For instance, Dianna Cannon has been winning SSD cases for over thirty years. Brett Bunkall and Andria Summers also have many years of legal experience.
It doesn’t cost any money upfront to hire our law firm. If you don’t win your case, then you do not pay an attorney fee. If we do win your case, then you will owe 25% of your back benefit in attorney fees. However, our attorney fee is capped.
We charge whatever amount is less between the cap and 25% of the past due benefits. That means we don’t charge more than the attorney fee cap for winning your case at the hearing level or prior to it. Again, if we do not win your case, then you will not owe an attorney fee.
We will use our skills to help you through the five step Social Security appeal process. Our attorneys and staff will help you apply for benefits and appeal SSA denials. It is our goal to win your case. But, it also our goal to make it easier for you.
We offer a free review of your case. There is no pressure to become a client if you call. You can simply ask questions. We will do our best to answer. You can trust that we will do everything we can to win your benefits. Contact us for your free case review. Put our legal experience to work for you.
