SSA will no longer process a subsequent disability claim if claimant already has a claim under the same title and of the same type pending in any administrative review process, except Federal Court.
Generally, a claimant will no longer be allowed to have two claims for the same type of benefits pending at the same time. If a claimant wants 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, claimant will have to choose between pursuing administrative review rights on the pending disability claim or declining to pursue further administrative review and filing a new application.
This Ruling does not change the procedure SSA currently follows when claimant files a subsequent claim under a different title or for a different benefit type than a pending claim. If the different title or benefit type has common issues with the pending claim, SSA will usually consolidate it with the pending claim.
How does this affect the submission of new evidence?
Claimant can still provide SSA with evidence that is relevant to their pending claim, in accordance with SSA's existing regulations and procedures. Claimant is not precluded from reporting new medical conditions or a worsening in existing medical conditions, and can submit additional evidence on these matters. SSA will forward any additional evidence to the office that is handling the pending claim so that it can be associated with that claim. In adjudicating the pending disability claim, SSA will consider the information and evidence submitted, together with all the other information in the claim folder.
If a notice is sent denying new evidence, how is my new application filing date affected?
If claimant chooses to pursue a disability claim that is pending at the Appeals Council, and submits additional evidence, the Appeals Council will first determine whether the additional evidence relates to the period on or before the date of the hearing decision. When the additional evidence is new and material and relates to the period on or before the date of the hearing decision.
If claimant originally filed for disability benefits under title II, and claimant files a new application for title II disability benefits within six months of the date of this notice, SSA will use the date of claimant's request for Appeals Council review as the filing date. If both applications are for Supplemental Security Income payments, and claimant files the new application within 60 days from the date of the notice, SSA will use the date
To Sum Up:
The Appeals Council will determine if the Field Office should take a new application for the same title and benefit type before issuing action on the prior claim when:
o A claim is pending at any level of SSA review; and
o The claimant presents evidence of a new disabling condition with an onset after the date of the hearing decision.
This policy change does not apply if the pending claim is:
o for a different title and/or benefit type,
o in conjunction with a Continuing Disability Review (CDR) or age 1B redetermination, or
o in federal court or was remanded from federal court to the hearing office or AC.
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