The Social Security Disability system has implemented an unfair and unnecessary new restriction that may cause disabled claimants to make a difficult financial and legal decision. The National Organization of Social Security Claims Representatives (NOSSCR) reports that the Social Security Administration will no longer process a subsequent (a second) disability claim if you already have a claim under the same title and of the same type pending at any level of review (initial, reconsideration, hearing or Appeals Council). Until now, it has been common place for claimant that received an unfavorable decision from an Administrative Law Judge to file 2nd application while their first application was stuck in the lengthy appellate process. This practice was often beneficial because the by the time of the second application, the disabled worker’s condition had gotten worse or they had aged up into a more favorable age bracket.
When a claim is pending at the Appeals Council, you may file a new (2nd) application if:
- You have additional evidence of a new critical or disabling condition with an onset after the date of the hearing decision, AND
- You want to file a new disability application based on this evidence, AND
- The AC agrees that you should file a new application before the AC completes its action on the request for review.
If the filing date for the subsequent claim is prior to July 28, 2011, but the claim appointment is after July 27, 2011, these instructions do not apply.
This policy change does not apply if the pending claim is:
- For a different title or a different benefit type,
- A Continuing Disability Review (CDR) or age 18 redetermination, or
- In federal court or was remanded from federal court to the hearing office or AC.
The lawyers at Marc Whitehead & Associates are experts in dealing with Social Security Disability. Call 800-562-9830 or visit www.DisabilityDenials.comto learn more about the benefits and drawbacks of pursuing an appeal without filing a new claim.