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When I meet a new client, I often learn that the client had filed a previous Social Security disability or SSI claim that was denied, but not ever appealed. It happens quite a bit. Depending of the timing, that previous claim can often be reopened. When a claim is reopened, it is like it was appealed in the first place and remains pending.

Reopening is governed by 20 C.F.R. 404.988.

A denied claim may be reopened within 12 months for any reason. The 12 month period runs from the date of the initial denial of the prior claim.

If there is good cause, a prior disability claim can be reopened within 4 years. An SSI claim can be reopened within 2 years for good cause. In most cases, "new and material" evidence is the basis for a finding of good cause.

Let's look at an example of reopening.Continue Reading Reopening a Prior Claim

If your disability claim is denied after a hearing with an administrative law judge, you have the right to request review of that denial by the Social Security Appeals Council. The appeal must be taken within 60 days of the date of the ALJ’s unfavorable decision. You can read more about the Appeals Council review…