Following a new ruling, a
claimant can no longer file an appeal with the Appeals Council and file a new claim at the same time. The new ruling only applies to claims for the same type of benefits that are being appealed.
If you
have a pending Social Security Disability claim and lost at hearing, you cannot refile for disability benefits, if your chose to appeal to the Appeals Council. Prior to the enactment of this rule claimants were permitted to appeal the decisions of a Social Security Administrative Law Judge while simultaneously refiling a new Initial Application. The change requires careful consideration of whether to appeal or simply refile.
If a claim is denied by the Social Security Appeals
Council, the claimant then has the right to file a new application for social security disability benefits.
Social Security law changes can occur quickly and with little notice. It's important to have an experienced attorney represent you from the inception of your claim. At Minnesota Disability and Atkinson Law Offices P.A. we are ready to represent you at any point in the application process up through the hearing. You can contact our office locally at 651-333-3636 and 1-800-933-5619. You will have a local attorney and professional paralegal to assist you throughout the process.