This July the Social Security Administration (SSA) changed its policy regarding subsequent applications for disability benefits. It is important for those filing Social Security Disability Insurance (SSDI) claims to be aware of this new policy and its potential implications for their cases.
Previously, beginning in 1999, the SSA had a policy that allowed for the submission and processing of a second disability claim while the first claim was pending review at the Appeals Council. Subsequent applications were generally sent to the disability determination services (DDS) for processing. If a denial of the second application resulted in a request for a hearing by an administrative law judge (ALJ), no action was taken until the Appeals Council completed its review of the previous application.
According to the SSA, recently there has been a significant increase in subsequent disability claims. The agency says these subsequent applications cause conflicting decisions which need reconciling and increase administrative costs.
New Policy on Subsequent Claims
The new rule announced by the SSA states that "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."
Basically, someone cannot have two pending claims for the same disability benefits. A disability applicant will either have to pursue the first claim that is at any level of administrative review or decline further review and file a new application.
Importantly, applicants may still provide additional evidence with their pending disability claim. Such evidence may document a new or worsening medical condition.
This rule change, however, is likely going to be detrimental to many applicants whose health has rapidly deteriorated or become terminal. If applicants choose to file a new application it will likely be approved much sooner. However, if it isn't approved they risk waiting even longer for it to progress through all the levels of administrative review.
The complexities of filing SSDI claims make the knowledge and advice of a disability attorney extremely helpful. An experienced lawyer can provide you with your options and help ensure your disability claim has the best chance for success possible.
