Submitted by LKS on Fri, 10/28/2011 - 09:22
I was denied my SSDI with an unfavorable hearing decision. I read on the Internet and on some of your posts on this forum that I can choose to file a new claim or appeal the decision to the Appeals Council. But I'm wondering if I can go ahead and appeal AND file a new claim at the same time. That way I don't have to wait however long it takes to wait for the appeal to find out if I have to file a new claim. Thanks.
File appeal and new claim for SSDI
Up until this year, attorneys who practice in disability law and SSDI claims routinely advised their clients to follow the "double filing" option you describe. However, in July of this year, the SSA issued a ruling (SSR 11-1p) which eliminates that option.
"Under the new procedures we are adopting in this Ruling, generally you will no longer be allowed to have two claims for the same type of benefits pending at the same time. If you want to file a new disability claim under the same title and of the same type as a disability claim pending at any level of administrative review, you will have to choose between pursuing your administrative review rights on the pending disability claim or declining to pursue further administrative review and filing a new application."
So, the question becomes whether to wait out an appeal or file a new SSDI claim and possibly have to try your luck in front of the same Administrative Law Judge who denied the first claim (assuming the claim is denied at the initial phase). If you pursued your initial claim and appeal on your own, now is definitely a good time to consult an attorney. She will be able to offer an opinion on the key issue of whether to appeal, refile, or give up. Good luck.