Written by attorney Jonathan C. Ginsberg

Starting a New Disability Claim After an Unfavorable Hearing Decision

If you lose at your disability hearing, you can choose to appeal, or you can choose to start a new application. In the past you could do both but no longer - you have to choose only one option.

As I discuss in this video, if you choose to start a new claim with a new attorney, you need to understand what considerations a new attorney will make when deciding whether to accept your case for representation.

At a minimum, you need to provide the new attorney with a copy of the unfavorable hearing decision so the new attorney can understand why you were denied. You also need to explain what has changed so that a better result may be possible. Sometimes your case can improve simply because of your age - at age 50 the grid rules may apply and make your claim significantly stronger.

And finally, you should not bad mouth your prior attorney or blame the unfavorable decision on the prior lawyer. Let the facts and evidence speak for itself.

There are many reasons why your new case could be much stronger and result in an award of benefits - help your new attorney see these reasons clearly.

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