Can I file a new application while my Social Security case is on appeal?

You can file a new application while your Social Security Disability cases on appeal, but your case must be pretty far along the appeal path. The short answer is that a new application can be filed if the Appeals Council has denied review.

There are several potential appeals with a Social Security Disability claim. After the initial claim denial, the first appeal is a "request for reconsideration." If a request for reconsideration is denied, the next appeal is a "request for hearing." If after the hearing, a judge issues an "Unfavorable Decision," the next appeal is review with the Appeals Council. If the appeals Council issues a "Notice of Appeals Council Action" denying review of your claim, the next appeal is to file at the federal court level.

We represent clients who appeal their cases to the Appeals Council, and if that appeal is unsuccessful, we then work with attorneys who specialize in federal court litigation to see whether not a federal court case makes sense. Sometimes it does, and other times not.

Depending upon our client's status, we will often advise our clients to will file a new application with an alleged onset date beginning the day after the unfavorable decision. So, if you receive the decision dated January 2, 2012 that determines that you are not disabled as of the date of that decision, your new application would allege disability beginning on January 3, 2012. Of course, there must be continuing supporting medical evidence showing that you are disabled from sustained and regular work.

In deciding whether or not somebody should file a new application, we look at several factors, including the client's "insured status," or, whether they would be entitled to Supplemental Security Income benefits for "non--medical" reasons.

If you have a denied claim, and are considering an appeal, call us at 503-325-8600. We can tell you your best options based on your specific situation.

Joe Di Bartolomeo
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Joe Di Bartolomeo is a top rated personal injury lawyer helping Oregon and Washington families