Social Security Administration Changes Appeal Options

As of July 28, 2011, the Social Security Administration has significantly changed a claimant’s appeal options. Under a new ruling, a claimant can no longer file an appeal with the Appeals Council and file a new claim at the same time. This new ruling only applies to claims for the same type of benefits.

For example, if you have an SSI claim at the Appeals Council, you cannot refile for SSI benefits while the appeal is ongoing. Similarly, if you have a pending Social Security Disability claim, you cannot refile for Disability benefits. (For a more detailed discussion of these different benefits, see McCroskey Law’s Social Security Disability and SSI article.)

Importantly, if you have only been denied Social Security Disability benefits, and appeal a judge’s unfavorable decision, you can still reapply for SSI benefits. Child SSI claimants who file an Appeals Council action, and later become 18 years old, can still reapply for Adult SSI benefits during the appeal process.

If a claim is denied by the Social Security Appeals Council, the claimant then has the right to file a new application for benefits.

Social Security law can be very confusing. If you or a loved one have been denied Social Security benefits, you need a lawyer with the skill and expertise to lead you through the appeals process. McCroskey Law’s Social Security experts have over a 100 years of combined experience. Contact McCroskey Law today for your free initial appointment.