What If I Lose?
A couple of issues often arise when a claimant loses:
- Should I file a new application?
- Should I settle for a partial win?
Filing a New Application
The claimant could lose benefits if the old application is abandoned instead of appealed.
Filing a new application does not always protect all benefits. A decision on a new application that is filed pending a court ruling can be used for or against the claimant in the court case.
Partial Wins/Partial Losses
When a decision is not "fully favorable," for example, when some benefits are awarded but for a shorter period than expected, the claimant must weigh the risks and benefits of appeal.
If the claimant accepts a later onset date or a closed period of benefits, those benefits cannot be taken away. However, if the claimant appeals to the next level in order to push for the earlier onset date or an open-ended period of disability, all benefits are at risk.