SSA Ruling 11-1p: Your rights being limited!
Social Security Adaministration (SSA) Ruling 11-1p revises SSA’s policy of subsequent applications where if a prior application is at the Appeals Council level. SSA will no longer process a subsequent disability claim if you already have a claim under the same title and of the same type pending at the Appeals Council.
So Unfavorable Decision at the Hearing level, you must choose to appeal at Appeals Council OR file a new claim, not both as in the past. Now you have to choose either or except in strict circumstances. Generally, SSI Title XVI claims will lose out since the Appeals Council is typically a 1 year wait.
The strict exceptions require you to obtain permission from the Appeals Council to allow a subsequent claim based upon “new” evidence. This process has not been thoroughly explained as of December 2011.
After the Appeals Council you can still make new application if the claim is at Federal Court under SSR 11-1p.
Posted on Monday, December 5th, 2011 at 6:44 pm and filed under Social Security Law.