Time Frame after appeals to refile?

[ScottG433621]

Hi. i havent worked since 2012. i filed for ss 4yrs ago and went through the whole appeals process. Denied. I got my yearly letter from ss and it says i now dont have enough points to apply. is this correct? I need to reapply. Can I?

[GailL1]

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@ScottG433621 wrote:

Hi. i havent worked since 2012. i filed for ss 4yrs ago and went through the whole appeals process. Denied. I got my yearly letter from ss and it says i now dont have enough points to apply. is this correct? I need to reapply. Can I?

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Not enough info to answer your question -

What kind of benefit were you trying to get before ?

Old age benefit ?

Social Security Disability?

What was the reason for denial?

What kind of benefit are you seeking now?

How old are you and how many years have you worked in a job where you and your employer paid into SS during all of your career?

[ScottG433621]

Applied for ssd. at 49 yrs old. 53 now. I worked 28 yrs paying ss. Denied because because they said i was employable. NOT! Now I can barely take care of myself. I will never be able to work again.

[GailL1]

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@ScottG433621 wrote:

Applied for ssd. at 49 yrs old. 53 now. I worked 28 yrs paying ss. Denied because because they said i was employable. NOT! Now I can barely take care of myself. I will never be able to work again.

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It sounds like you might meet the work and paying into the system requirement. 

• To qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security.
• The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.

The eligibility requirements for being approved for SSDI (Social Security Disability Insurance) are pretty rigorous. 

• Then you must have a medical condition that meets Social Security's definition of disability.

• The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

  We consider you disabled under Social Security rules if:

  • You cannot do work that you did before;
  • We decide that you cannot adjust to other work because of your medical condition(s); and
  • Your disability has lasted or is expected to last for at least one year or to result in death.

You are not the one that decides - Your doctor or specialist has to declare you disabled and then you must give a detailed description of what treatments you are undergoing if there is hope of recovery.

A person that has a diagnosis of being terminal is usually approved pretty much immediately.

A person who is diagnosed with a condition listed on the SS "Compassionate Allowances"

is also approved pretty much immediately.

There is always a lag period from the time you might be approved and the actual beginning of the benefits if you qualify (5-months)

So everything is really based on your doctor diagnosis and ability to do some type of work per your doctor and then agreement by the SSA under their definition.

This SSA webpage discusses generally their process of determination - Look under the heading:

SSA: How We Decide If You Are Disabled

I don't know if you have to file a new claim or reactivate and update the last one with new information - that would be a question for SSA or a Social Security attorney.  If you went through the full appeals process before (did a judge make the final ruling?) - you should definitely seek legal counsel with a SS attorney.