Can I file a new SSI or SSDI claim while appealing my previous decision in Federal Court?You can file a new disability application while your appeal is pending in Federal District court or at the Appeals Council after a court remand. The new SSDI disability claim will be adjudicated on its own merits unless it is a duplicate of a prior claim. For example, a SSDI claim for which the date last insured was prior to the ALJ (Administrative law judge) decision could not be sent for a decision because the judge has already made a decision on the prior application. If this is the case, your duplicate SSDI claim will be denied as a technical denial and forwarded to the SSA component handling the court case. It will be labeled as a duplicate claim on a pending court case with new evidence. If Social Security determines your new SSDI claim can be sent for a disability determination, your disability onset cannot be any earlier than one day after the date of the final decision of the Commissioner on your prior application. Most often, the date of the final decision of the Commissioner is one day after the ALJ decision if the AC (Appeals Council) denied the review. All new SSI disability claims filed while waiting on a Federal District court decision are sent for a new disability determination because their eligibility date cannot be established prior to the filing date of the new disability application. In conclusion, you may or may not be able to file a new SSDI claim while waiting on a Federal District Court decision. However, there is no problem with filing a new SSI disability claim while you have a SSI claim pending in Federal District Court. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Applying for disability with bipolar, anxiety, and antisocial personality disorder What is the maximum of hours to work and still get disability? What hours can I work and get disability? What type of income affects Social Security Disability benefits? SSDI Request for Reconsideration Appealing a Social Security Disability Claim decision Can I file a new SSI or SSDI claim while appealing my previous decision in Federal Court? How long does a disability judge have to make a decision? How much can an attorney charge for Social Security Disability? If you are waiting on an SSDI decision, can you file for SSI? What happens if you become disabled and are not insured for social security? Can you get disability for arthritis of the knee? Can working hurt my disability case I have a hearing coming up? |
