Often Social Security Disability claimants are confronted with a dilemma after receiving an unfavorable decision from an administrative law judge following a hearing. Does the claimant appeal to the appeal council, which can take a long time and is often unsuccessful, or file a completely new application? Years ago, a claimant could do both. However, the Social Security Administration passed SSR 11-1p in 2011 forcing claimants to choose between appealing or filing a completing new claim under most circumstances. I previously discussed these issues, but now there have been some clarifications by the SSA.
In March of 2014, the SSA published POMS DI 51501.005B.5 to provide guidance to establishing protective filing dates for those that wish to pursue their claim to the Appeals Council. Under Title II, a protective filing date will be established as long as a new application is made within six months after the date of the Appeals Council’s notice. Title 16 (SSI) claims must have a new application made within sixty days of the Appeals Council’s notice. During the pendency of the action at the Appeals Council, a letter can be submitted to a Field Office indicating an intent to claim benefits to establish a protective filing date.
SSR 11-1p does not apply when the new application if for critical or disabling conditions with onset after the date of the ALJ decision. Such a critical or disabling condition would be a terminal illness, compassionate allowance condition, presumptive disability condition, or a medical listing.
If you need more information about a Social Security Disability/SSI, personal injury, EEOICPA, long or short-term disability, VA disability, Railroad Retirement Board disability, 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 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, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, Greeneville, Harriman, Dayton, Spring City, and Deer Lodge.