This past summer, the Social Security Administration (SSA) announced a new ruling intended to streamline procedures and avoid duplicate work within the agency. The change makes it even more important to seek the advice of an experienced Social Security Disability Insurance (SSDI) attorney when applying for SSDI benefits.
Essentially, under the SSA's new procedure, applicants cannot have two claims for SSDI benefits of the same type pending at the same time. The change aims to eliminate cases in which conflicting decisions are made within the agency on two claims, thereby lowering costs and reducing "unnecessary workloads stemming from duplication."
The rule states that, if an applicant has a claim pending at any level of review within the SSA, and the applicant would like to file a second claim for the same type of SSDI benefits, the applicant must exhaust his or her review rights with the first, pending claim; alternatively, the applicant can decline to pursue the agency's appeal process and instead file a completely new application.
An applicant choosing to pursue a pending disability claim will be able to submit relevant evidence of a new medical condition or a worsening of an existing condition while the claim is pending at the initial, reconsideration or hearing level.
Applicants whose claims have reached the initial, reconsideration or hearing level also will be able to submit additional evidence relating to their medical conditions, as long as it "relates to the period on or before the date of the hearing decision." If the evidence relates to the time after the hearing decision, the evidence will be considered only in a new claim. In other words, following an unfavorable decision from an Administrative Law Judge, once the claimant appeals to the Appeals Council, any new or material evidence that is submitted must relate to the period on or before the hearing.
This ruling, therefore, particularly impacts those whose conditions have quickly worsened after the hearing decision. It forces them to make a difficult choice-either hope for the best with their current application, not including information about their recent decline in health, or start the lengthy process all over again.
To help you evaluate your options and make your strongest case possible for SSDI benefits, contact a knowledgeable attorney with experience in disability claims.
