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The Disability Judge Denied Your Claim – What Can You do Next?

If the Social Security disability judge denies your case and sends you a decision marked “unfavorable” you will feel angry, offended and frustrated. After all, disability cases can take two to three years from the date of your application to the date you receive the denial.

During that time, you have been unable to work, most likely struggling financially and basically putting your life on hold waiting for a decision in your case.

Now, after talking to you for around 45 minutes (the length of a typical hearing), the judge has decided that he/she just doesn’t believe your testimony about the severity of your symptoms, or how these symptoms would likely impact you at a simple job.

Even worse, under recent Social Security rules, the judge is allowed to discount the opinion evidence from your long time treating doctor(s) in favor of a medical-vocational assessment by a SSA staff doctor who never even met you, or a doctor who met you for an hour as part of a consultative evaluation.

If you should get an unfavorable decision, what should you do? Continue reading →

If You Appeal an Unfavorable Hearing Decision, You Can No Longer File a New Claim as Well

Social Security Ruling 11-1pFor as long as I have been in practice, I have advised my clients that if they received an unfavorable hearing decision, they could file an appeal with the Appeals Council and, at the same time, file a new claim for benefits.

As of July 28, 2011, this “double filing” option is no longer available.

SSA has issued a “ruling” called SSR 11-1p which says in part:

Under the new procedures we are adopting in this Ruling, generally you will no longer be allowed to have two claims for the same type of benefits pending at the same time. If you want to file a new disability claim under the same title and of the same type as a disability claim pending at any level of administrative review, you will have to choose between pursuing your administrative review rights on the pending disability claim or declining to pursue further administrative review and filing a new application.

Social Security concluded that this new rule was needed because of the administrative complications of coordinating appeals with new claims. Continue reading →

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