I have been a disability representative since 2001, and I recently had a client who was denied by the Administrative Law Judge and then the Appeals Council. She filed a new application while her current appeal is pending in federal court. Her new application was approved at the initial level. She at least has an income now while the denial of her previous claim continues in federal court. If you wait to file your new claim after receiving a federal court denial, then you will be starting from scratch when you could have already been having your new claim processed the whole time your appeal was pending.

Although difficult, cases can also be won at the Social Security Appeals Council. I just received an order from the Appeals Council remanding one of my clients' cases back for a new hearing after it was determined that the Administrative Law Judge made several mistakes. If you have any new evidence, and you appeal to the Appeals Council, then you should make sure that you submit it with your appeal. Your attorney or representative should also file a written brief with the Appeals Council arguing why the Administrative Law Judge's decision should be overturned.

And by all means, if you are not represented, then you need to find a representative in your area who can help you. It will be worth it to you to pay a representative a portion of your back pay if that is what it takes for you to have an income for the rest of your life and get medicare to help pay your medical bills.