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Wednesday, September 24, 2008

Filing disability benefits anew-pending appeal

By now we can safely assume that everyone knows that there is a great probability that disability benefits application in the SSA is denied at the first instance.

And we can safely assume that everyone knows that the next resort is to appeal the denial. The appeal reaches the administrative law judge, and then it can go as high as the Appeals Council.

Now consider this: before it could even be heard by an ALJ, it would take months, some years, before it happens. In the meanwhile, the applicant may be out of job nursing an honest to goodness case of disability – getting nothing.

But what can you do?

In the appeal process before the ALJ, you will have no choice but to wait. You cannot file a new application pending appeal, lest, the docket would rise as hell, flooded by multi-level disability benefits claim per one applicant alone. Filing anew, in short, is not allowed.

But when the appeal reaches the Appeals Council – that is when you can do something. You can file a new disability claim pending your appeal in the Appeals Council.

Now, that is something that the majority of us don’t know about.

It is only in this appeal stage that the applicant is allowed to appeal and file a new disability benefits claim, both at the same time. There is no other time. An applicant should take this opportunity as there is a slim chance that he will be awarded benefits through the Appeals Council review of his case.

As soon as possible, appeal and new application should be filed. This you may do so with the help of a Social Security Law attorney in your area. But you may prefer to file the appeal yourself, only that it won’t be easy for you – not at all.