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Should You Appeal a Richmond Social Security Denial or File a New Claim?

Posted by attorney Gerald Lutkenhaus

You thought you had a strong case but you went before the Richmond Social Security Disability Judge and he denied your claim. Should you appeal this denial to the Appeals Council?

Prior to last year there was an easy decision. You could do both: you could file a new claim and at the same time you could appeal to the Appeals Council. Now Social Security has changed the rules. If you appeal to the Appeals Council, you are not allowed to file a new claim until the Appeals Council resolves your appeal.

Generally, an appeal to the Appeals Council takes 18 months. Whereas, if you file a new claim in Virginia you probably can get a hearing before a judge in a little over 12 months. Also, most Appeal Council decisions are remands which means second hearing before a judge which takes 6 months for a total time of 24 months. Thus, if one just considers time, then a new claim is faster.

Another consideration is one's last insured date. If it has expired then there is no choice. You do have to appeal to the Appeals Council. You cannot file a new claim.

Also, if your medical evidence is going to be the same, then a new claim may be no good and you may have to appeal to the Appeals Council.

In summary:

  1. Consider the time;

  2. Consider the last insured date; and

  3. Consider if the evidence will be different on the new claim.

Check my websites for more information.

Additional resources provided by the author

You can check the Social Security Guide on my website.

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