Social Security Ruling 11-1p, which was published in the Federal Register today, July 28, 2011, changes the Social Security Administration's (SSA) policy regarding the filing of new disability claims while another claim is pending before the Appeals Council. Under SSR 11-1p, SSA will no longer process new applications for disability benefits if the applicant has a current claim pending before the Appeals Council.
The prohibition does not apply if the new application is filed under a different title of the Social Security Act. In other words, if a claim is pending before the Appeals Council for Disability Insurance Benefits (DIB) under Title II of the Act, SSR 11-1p does not prohibit the claimant from filing a new application for Supplemental Security Income (SSI) under Title XVI of the Act. In addition, SSR 11-1p does not prohibit a new application for a different benefit type than a pending claim. Finally, SSR 11-1p does not appear to have any effect on a claimant seeking to file a new application while a prior application is being appealed in the Federal Court system.
In sum, as a result of SSR 11-1p, claimants who receive an unfavorable Administrative Law Judge decision will have to make a choice between appealing the decision to the Appeals Council or filing a new application.
About the Author
Matthew Lane is the owner and managing attorney of Ziegler & Lane, LLC. He practices solely in the area of Social Security Disability Law and has represented clients at hundreds of Administrative Law Judge hearings.
In addition, he has represented over thirty-five clients in United States District Court seeking appellate review of adverse decisions by the Social Security Administration.
Louisiana Social Security Disability Law Blog
New Social Security Ruling Prohibits New Claim While Appeal is Pending
Matthew D. Lane, Jr. | Thursday, July 28, 2011
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