New Social Security Ruling 11-1p requires a claimant to choose between appealing an unfavorable ALJ decision and reapplying for benefits. In the words of the ruling:
we will no longer process a subsequent disability claim if you already have a claim under the same title and of the same type pending in our administrative review process.
Claimants must now make a pragmatic choice between an Appeals Coucnil request for review, which is likely to take a year or more and may be unsuccessful, and reapplying for benefits with a new onset date. This forced choice is particularly hard on SSI claimants who receive an unfavorable decision from administrative law judge.
SSI claimants leave benefits on the table by not immediately reapplying for benefits. In contrast, a disability claimant can pursue an appeal and wait a full 17 months (the 5-month waiting period plus the 12 months of benefits available prior to the new filing date) to reapply without foregoing any benefits.
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If you are considering an application for Social Security disability benefits, or have already applied and want assistance with your claim, please contact Gordon Gates.
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