Social Security Disability and SSI claimants need to know that the Social Security Administration has not changed its mind regarding subsequent applications while an appeal of a prior claim is pending at the Appeals Council. On July 29, 2011, I discussed the recently published SSR 11-1p revising the SSA’s policy for handling subsequent applications when a prior claim is pending with the Appeals Council. The SSA has now given some more guidance on the issue, but, unfortunately, is not backing down on this draconian measure.
Under the new policy, a claimant may be able to file a subsequent application if he or she alleges a new critical or disabling condition with an onset after the date of the hearing decision. In that case, the field office will fax the new evidence directly into the electronic folder and will notify the Appeals Council by e-mail that expedited review may be required because a “new critical or disabling condition” has been alleged. The request will be handled by the Office of the Executive Director of the Office of Appellate Operations and a response will be sent back within two business days. However, it appears that very requests have been received by the SSA in these situations.
It does allow new applications to be filed in certain limited situations and it calls for expedited consideration of new evidence that indicates a “critical or dire need situation.” However, the procedures appear to be overly complicated and subject to misapplication.
If you need more information about a personal injury matter (car wreck, boating accident, slip and fall, etc.), Social Security Disability or SSI matter, EEOICPA claim, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, by e-mail at [email protected], or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.