General

The next thing they did was drop their case by not appealing the denial.

Some time later, 6 months to a year later they decided to reapply for disability benefits.

The problem with this approach is that it reduces the back benefits that might be available to you.

In the long run this loses money for you.

Social Security has a rule that says if you are denied at any stage and you do not appeal, then your back benefits are wiped out.

An example is you apply for Social Security disability on January 1, 2011. You have not worked since January 1, 2010. You are denied on April 1, 2011. You do not appeal. You decide to reapply on December 1, 2011. You are denied again but keep applying and are found disabled on March 1, 2012. Social Security finds you were disabled as of April 2, 2011.

This means you lose your back benefits from January 1, 2010 through April 1, 2011, and you lose an additional 5 months of benefits because of Social Security’s rule against paying for the first five months.

Obviously, there is a big penalty for filing and not following through with your application and appeals.

The underlying emotion is understandable.

You are in pain, you are emotionally exhausted, and you have been waiting for a hearing for over one year.

The old Churchill quote is never give up, never give up, never give up.

Well in most Social Security Disability cases it applies.

Maybe you should drop your case if you have returned to work, and think you will be able to keep working.

But remember if you have been off work for more than 12 months you may have a right to Social Security Disability benefits if you can prove you were disabled during all this time.

Do not give up if you cannot work full time.

Do not let your emotions overcome you.

You know what will happen if you drop your case.

You will get nothing from your Social Security benefits.

If you do not appeal your denials, then you will have start over.

Many cases that are borderline have been approved.

But not one of those cases would have been won if the person gave up.

You never know what will happen unless you show up before the Judge and you have your day in court.