A Second Bite at the Apple: Overcoming Administrative Res Judicata

Learn how to overcome the doctrine of res judicata through practical examples. Many of our clients give up on their applications after the first or second denial. Many of them do not have a good understanding of how to properly appeal a case or the mental capacity to do so properly. For many reasons, SSA may not have had the whole picture when working up the medical determination. When clients come to us it’s important to analyze how those prior determinations can affect a new application. Sometimes, these prior applications may be re-opened, resulting in huge amounts of past due benefits. Sometimes, we will at least be able to argue that the circumstances are different this time and get a second chance to prove disability before the date last insured. Even when a client was represented on a prior application there could be ways around res judicata or administrative finality. Mastering the art of overcoming res judicata can lead to big wins for both you and your client.