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Potential Reopening of Prior Denials

If your claim has been denied in a prior application for disability benefit payments, it may still be possible to reopen the prior determination.

There are two main situations in which it might be possible to reopen a prior denial:

  • within 12 months of the date of the notice of the initial determination, for any reason; or
  • if there is good cause, within 4 years of the date of the notice of the initial determination in an SSDI application or within 2 years of the date of the notice of the initial determination in an SSI application.

"Good cause" is defined as a situation when the claimant has new and material evidence, where a clerical error in the computation or recomputation of benefits was made, or when it can clearly be shown that an error was made when the evidence was considered in making the determination or decision. The regulations also set forth extremely rare scenarios in which a prior decision may be reopened at any time.

Generally speaking, it is advantageous to exhaust all appeal options, rather than relying upon the reopening of a claim once an ALJ decision was made. However, there are times when attempting to reopen a prior determination of decision might be appropriate. Contact The Moss Disability Group to receive a free consultation and guidance regarding the best course of action.

Key Takeaways

  • Reopening a prior disability decision is possible and sometimes appropriate, but it is generally best to exhaust all appeal options.

Contact Us Today

The Moss Disability Group was founded on the principle that every disabled person should have access to quality legal representation.

We offer a FREE CONSULTATION and we will gladly discuss your case with you at your convenience. Contact us to schedule an appointment.