Can I reapply for SSDI with progressive disease within 5-year window without returning to work?
I've been dealing with multiple sclerosis for about 3 years now, and it's getting worse. I applied for SSDI last year but was denied - something about 'not meeting the listing requirements' even though I included all my medical records. My neurologist says my condition is definitely deteriorating faster than expected. I know there's that 5-year window where your work credits still count, and I'm definitely still in that timeframe (stopped working completely about 18 months ago). My question is: can I submit a new SSDI application based on my worsening condition, or do I HAVE to go back to work before applying again? I physically can't work anymore, and I'm really confused about what to do next. The denial letter mentioned appeals but I missed that deadline because I was in the hospital with an MS flare-up. Any advice would be really appreciated!
20 comments
Emma Garcia
Yes, you can absolutely reapply for SSDI without going back to work. This is called a subsequent application, and it's common for people with progressive conditions like MS. However, there are some important things to understand: 1. The 5-year window you're referring to is your Date Last Insured (DLI), and as long as you're still within that period, your work credits are valid for a new application. 2. The key for approval will be showing medical evidence that your condition has worsened since the previous denial. Make sure your neurologist documents all changes in your condition, new symptoms, and increased limitations. 3. Be aware that they may use the prior denial as a reference point, so you'll need to show significant changes since then. I'd recommend getting a disability attorney for your new application. Many work on contingency (they only get paid if you win), and they can help gather the right medical evidence to support your case.
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Aiden Rodríguez
•Thank you so much! I had no idea it was called a 'subsequent application.' The denial hit me so hard I've been afraid to try again. My condition is definitely worse now - I'm using a wheelchair part-time which wasn't the case during my first application. I'll call my neurologist tomorrow to make sure all my recent changes are documented properly. Do you know if I need to mention my previous application when I apply again? I'm worried they'll just auto-reject me.
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Ava Kim
The system is DESIGNED to reject people the first time!!! I have lupus and was denied TWICE before finally getting approved. Don't give up! They're hoping you'll just go away. My advice - DON'T file a new application yet. Even though you missed the appeal deadline, you can file for what's called "good cause" for late filing because you were HOSPITALIZED!!! That's a legitimate reason! Call your local SSA office IMMEDIATELY and explain you were in the hospital during your appeal period. They might still let you appeal the original decision which is FASTER than starting over. The whole system is a joke - they make sick people jump through impossible hoops!!
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Aiden Rodríguez
•Oh wow, I had no idea about the "good cause" option! The hospitalization was about 4 months ago, do you think that's too long ago to still qualify? I'll definitely call tomorrow. I'm so tired of fighting the system when I should be focusing on my health. Thanks for sharing your experience with lupus - it helps to know I'm not alone in this struggle.
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Ethan Anderson
my cousin has MS to she got denied but then she appealed and won but it took like 18 months... u should defintely appeal if u still can like the other person said
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Layla Mendes
•While your cousin's experience is valuable, the OP mentioned they missed the appeal deadline due to hospitalization. In this case, they have two options: 1. Request the appeal deadline be extended for "good cause" (being hospitalized can qualify) 2. File a new application (which is completely valid for progressive conditions) Both approaches have their merits depending on how much time has passed and the strength of their current medical evidence. The key difference is that appeals can sometimes be processed faster than new applications, but new applications allow for consideration of worsening conditions.
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Lucas Notre-Dame
I help people connect with SSA agents quickly through Claimyr (claimyr.com) and I see this situation all the time. Regardless of whether you decide to request a good cause extension for your appeal or file a new application, you'll want to speak directly with an SSA agent to understand your best option. Regular SSA phone lines often have 2+ hour waits or disconnections, but Claimyr can typically get you through in about 15 minutes. Check out how it works: https://youtu.be/Z-BRbJw3puU For progressive conditions like MS, speaking directly with an agent can help clarify whether your case would be better served by an appeal or new application based on your specific situation and how much your condition has changed.
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Aiden Rodríguez
•I've spent hours on hold with SSA before giving up. 15 minutes sounds amazing - I'll check out that video. My energy is so limited these days that spending hours on the phone just isn't possible anymore. Thanks for the tip!
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Aria Park
dont bother with ssdi try for ssi instead its easier to get
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Noah Ali
•This is actually incorrect advice for this situation. SSI and SSDI are completely different programs with different eligibility requirements: - SSDI is based on work credits and disability, regardless of assets or most income - SSI is based on disability AND having very limited income and resources (under $2,000 in assets for individuals) If the original poster has sufficient work credits within their 5-year window (their Date Last Insured period), SSDI would be more advantageous in most cases. SSI payments are typically lower than SSDI, and SSI has strict asset limits that SSDI doesn't have. The OP should pursue SSDI based on their work history, though they may qualify for both programs depending on their financial situation.
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Layla Mendes
Social Security disability specialist here. You have several options: 1. New application: Yes, you can file a new initial claim without returning to work as long as you're still within your Date Last Insured (DLI) period. With progressive conditions like MS, this is common. 2. Good cause for late appeal: If your missed appeal deadline was relatively recent (generally within the past year), you can request that SSA accept your late appeal by showing "good cause" - hospitalization is a valid reason. 3. Reopening: In some cases, SSA can reopen a prior determination within 12 months for any reason, or within 4 years for "good cause." The best strategy depends on how long ago your denial was, how significantly your condition has worsened, and the specific reasons for your initial denial. If your condition has substantially worsened since the denial, a new application highlighting these changes might be most effective. Make sure to submit updated medical records showing progression of your MS, particularly new limitations that affect your ability to work. Focus on functional limitations rather than just the diagnosis.
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Aiden Rodríguez
•This is incredibly helpful, thank you! The denial was about 9 months ago, and my condition has definitely worsened significantly. I'm now using mobility aids I didn't need before and have new cognitive symptoms that are documented. I think I'll try both approaches - request good cause for a late appeal AND prepare a new application in case that doesn't work. Quick question though - if I do both simultaneously, will that cause problems with SSA?
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Noah Ali
I have rheumatoid arthritis and went through something similar. After my first denial, I was devastated too. What worked for me was getting a disability attorney who specialized in progressive diseases. They knew exactly what medical documentation was needed to show how my condition had worsened. One thing that really helped my case was keeping a detailed symptom journal for 3 months showing how my condition affected daily activities. My attorney said this was crucial evidence, especially for conditions that have good days and bad days. Regarding your question about the 5-year window - yes, those work credits remain valid within your DLI period, and you don't need to return to work before reapplying. The key is demonstrating that your condition now meets the disability criteria, even if it didn't at the time of your first application.
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Aria Park
•symptom journals dont matter ssa only cares about doctor reports
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Aiden Rodríguez
Update: I called my local SSA office this morning! The agent I spoke with (after only waiting 20 minutes!) said I should definitely try for the good cause extension since my hospitalization was documented. She also recommended that I gather all my new medical evidence showing progression since the denial, just in case I need to file a new application. She said either way, I should get a disability advocate to help me since MS cases can be complicated. Feeling a bit more hopeful now. Thanks to everyone for the advice!
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Emma Garcia
•That's excellent news! I'm glad you were able to get through to SSA relatively quickly. Here's what I recommend for next steps: 1. Contact your neurologist immediately to request all medical records since your denial, especially those documenting new limitations. 2. Get in touch with a disability attorney/advocate this week - most offer free consultations. 3. If you haven't already, contact other medical providers who treat aspects of your MS (physical therapy, mental health, etc.) for supporting documentation. 4. Start that symptom journal another commenter mentioned - despite what someone else said, these CAN be valuable when they correlate with medical findings. Good luck with your case! The fact that you're now using a wheelchair part-time when you weren't before is a significant change that should strengthen your case.
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Ethan Anderson
theres a place on the application where it asks if u applied before so u have to say yes
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Aiden Rodríguez
•Thanks for mentioning this - I was wondering about that. I'll definitely answer honestly about my previous application. I'm just hoping they'll focus more on how my condition has changed rather than just seeing the previous denial.
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Ava Kim
Has anyone here successfully gotten approved after being initially denied for MS specifically? I'm curious how long it took and what evidence made the difference. My sister's facing a similar situation with her SSDI application for MS.
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Layla Mendes
•While I can't speak to MS specifically, I've seen many clients with progressive neurological conditions succeed on subsequent applications. The key differences in successful cases typically include: 1. More detailed functional assessments (not just diagnosis but specific limitations) 2. RFC forms completed by specialists (Residual Functional Capacity) 3. Evidence of failed work attempts or work accommodations that weren't sufficient 4. Documentation of cognitive impacts, not just physical limitations 5. Testimony from caregivers about assistance needed with daily activities The SSA Blue Book listing for MS (11.09) requires evidence of significant and persistent disorganization of motor function, significant fatigue, or cognitive limitations - having documentation that specifically addresses these areas is crucial.
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