By Chris Sharry on December 30th, 2024 in Disability, Disability Claims
When a claimant files an application for Social Security Disability benefits, the statistics are high that the application will be denied. For various reasons, the claimant may decide to abandon the application, and not file an appeal within the required 60 day time limit. Some claimants just forget to file the appeal, while others feel like the are not going to be approved and abandon the application. When filing a new application, most times you are starting the process from the beginning. However, prior applications, in some cases, can be reopened.
- Prior Claim Less Than 1 Year Old: A prior claim that became final after Disability Determination Services (DDS) or an administrative law judge made an initial determination can be reopened within 12 months of the date of the decision for any reason. After 12 months has passed, it becomes more difficult to reopen a claim.
Other than the 12-month period for reopening for any reason, an administrative law judge (ALJ) may reopen a determination or decision that is otherwise final, for good cause as follows:
- Within 4 years from the date of the notice of the initial determination in a claim for Social Security Disability Insurance (SSDI); or
- Within 2 years from the date of the notice of the initial determination in a claim for Supplemental Security Income (SSI).
Good Cause Defined
Good cause for reopening a determination or decision exists under the following circumstances:
- New and material evidence is furnished;
- A clerical error in the computation or recomputation of benefits was made for an SSDI claim, or a clerical error was made for a claim for SSI benefits; or
- The evidence that was considered in making the determination or decision shows on its face that an error was made.
Note: The good cause for reopening rules generally do not apply for circumstances involving mental incapacity (See Social Security Ruling 91-5p)
Reopening Your Disability Claim
If you have questions about reopening a prior Social Security Disability claim or need assistance navigating the appeals process, it’s essential to work with a skilled attorney who understands the complexities of SSDI and SSI cases. At Sharry & Monfette, we are dedicated to helping claimants in Massachusetts maximize their chances of success. Contact us today to discuss your case and ensure your rights are protected.
