It is a good idea to have an attorney at this stage also. If the Appeals Council decides against you, you have the right to file a lawsuit and ask a Federal Court to grant you benefits. It is important to have an attorney at this stage. At each stage of your case, you must appeal within 60 days of the date you received your denial notice, unless you can show a very good reason for being late. You have the right to reapply for SSI at any time, but you should not reapply instead of appealing.
Many people win their cases when they appeal.
If you just reapply, your chances of getting SSI may be lower, and even if you win you may not get as much money. If you receive SSI you think you are not entitled to, call or visit your local Social Security office immediately to determine if the check is correct. If you were overpaid, you may be required to pay back the extra money you received. But you can ask for reconsideration if you believe you were actually entitled to some or all the money you received. You must ask in writing to have an overpayment waived.