6 REASONS AN APPEAL IS BETTER THAN FILING A NEW APPLICATION

Like millions of Americans, you filed a claim for Social Security disability benefits but were denied. The denial letter says, in effect, "You are not disabled according to our rules." You have 60 days to respond before your claim dies forever.

Which is better: Appeal the denied claim, or file a new "from scratch" application?

It is nearly always better to appeal. Here are 6 reasons why:

1. An appeal can save your past due benefits or back pay. A new claim will loss them.

2. The new application will almost certainly be denied, too.

3. You will probably end up in a hearing before a judge; get there as soon as possible.

4. New applications move laterally, not upward. Move up to a higher level of review.

5. An attorney is more likely to accept a case on appeal, less likely on a new application.

6. You can only file a new claim if your "Date Last Insured" has not expired. If the DLI has already expired, an appeal is not only your better option, it's your only option.

The above assumes that you will have adequate professional representation for your appeal. An attorney or advocate will protect your interests in the appeal and increase your odds of success. Some studies suggest that claimants represented by an attorney are up to 3 times more likely to win than those who are unrepresented.

So, when you get that denial letter on your disability claim, think about calling an attorney who has expertise in Social Security cases. The call is usually free and you can't be charged a legal fee for representation unless back pay is approved and paid. Th e law places strict limits on how much an attorney can charge and all legal fees must be paid out of your back pay or past due benefits. If you don't receive any back pay, the attorney's services are free.