Read Time: 3 Minutes.
Will Your Previous Denial Be Used Against You?
When the Social Security Administration decides on your disability case, that decision is final unless successfully challenged through an SSDI appeal. If you choose not to appeal or if your SSDI appeal is unsuccessful, it solidifies that you were not deemed disabled. Check out this short video from Disability Representative, Roy Rickstrew, or keep reading to learn how your past SSDI denial could impact your SSDI appeal.
Your Medical File Needs To Reflect A Change
If you decide to appeal your decision your new application must demonstrate a significant change in your condition since your last appeal. The SSA employs the principle of res judicata, meaning they will not revisit the same set of facts, (the matter has been judged.) Even if you feel your condition hasn’t improved, the SSA might still consider it as not disabling. To strengthen your claim, you’ll need to provide evidence of changes—such as additional care, tests, examinations, or medical documents—that clearly illustrate your condition has worsened.
Remember, age and the progression of orthopedic and degenerative conditions can lead to further decline. If you suffer from multiple conditions focusing on the ones that have the greatest impact on your ability to work may be a successful strategy. Without demonstrating a change in your medical records, the SSA may not even review your claim, making it essential to highlight any developments in your condition for a successful new application.
Explaining Limits in Your Care
Put yourself in the shoes of SSA examiners and assess your care history objectively. Gaps in treatment, medication non-compliance, and reduced medical interventions can mistakenly signal that you may not be fully committed to your recovery. While this perception is unjust, it is a common conclusion drawn by SSA personnel. It is crucial to clarify any real barriers to your care, such as the high costs of medications and tests or specialist consultations. Your doctor should note any inability to afford procedures or medications to counter the misunderstanding that your condition isn’t severe enough for you to pursue further treatment.
Discuss any fears about surgery or other treatments with your doctors. By conveying your thoughtful and rational approach to managing your health, you can provide context for care decisions. Additionally, share the strategies you are implementing at home to manage your symptoms—such as using ice, heat, elevation, hot baths, or utilizing meditation techniques. These efforts demonstrate that you’re actively addressing your condition and seeking effective symptom relief daily.
Here’s How A Disability Representative Can Help!
As your dedicated disability representative, I will guide you through your case from start to finish. Ur Disability Rep will be with you at every stage of the process, ensuring you speak with the same person consistently.
Rather than merely piecing together what you have, I will conduct a thorough review of your case. I’ll pinpoint any weaknesses in your application and provide straightforward guidance on the information needed and where to locate it.
Whether you’re just beginning the application process or have already started, I invite you to schedule a FREE consultation with us. Together, we can devise the most effective strategy for your case. Our goal is to simplify the complexities and paperwork so you can focus on your health and the things that truly matter in your life.
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Written by Roy, a dedicated Disability Representative, has been advocating for individuals seeking disability-based programs since 2003. With his background working for the government, Roy brings a deep commitment to improving assistance programs for those in need.
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The Disability Process 101:
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