A new Social Security ruling, binding on all components and all levels of administrative appeal in the Social Security Disability process, prohibits applicants from filing new applications for disability benefits while a previous application for benefits is pending before the administration.
Up to now, applicants could file a new application for benefits while a prior application was pending at the Appeals Council. The proposed ruling, published in the Federal Register on July 28, 2011, precludes applicants from having two claims for the same type of benefit pending at the same time. This prohibition will not apply to claims for two different types of benefits, including Social Security Disability benefits and Supplemental Security Income benefits, and applicants are still able to file new applications even if they have already have a claim for benefits pending in federal court.
The proposed rule forces applicants to choose between pursuing an administrative review by the Appeals Council of a claim that was denied by an Administrative Law Judge, and filing a new application. If an applicant attempts to file a new application while a previous application is pending before the Appeals Council, the current application will not be accepted. Likewise, a request for review must be withdrawn before a new application will be accepted.
If you are a disabled individual contemplating filing or have already filed an application for Social Security Disability benefits, then you should consult with an experienced attorney. At Andalman & Flynn, our team of legal professionals can assist and represent you to protect your rights and increase your chances of success with your Social Security Disability claim. Feel free to call us at 301-563-6685 or toll-free at 1-888-558-7871. You can also visit our website at www.andalmanflynn.com and complete one of our website contact forms so we can contact your for a consultation concerning your situation.