Social Security Disability Resource Center

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Can I file a new SSI or SSDI claim while appealing my previous decision in Federal Court?




 
You can file a new disability application while your appeal is pending in Federal District court or at the Appeals Council after a court remand. The new SSDI disability claim will be adjudicated on its own merits unless it is a duplicate of a prior claim.

For example, a SSDI claim for which the date last insured was prior to the ALJ (Administrative law judge) decision could not be sent for a decision because the judge has already made a decision on the prior application. If this is the case, your duplicate SSDI claim will be denied as a technical denial and forwarded to the SSA component handling the court case. It will be labeled as a duplicate claim on a pending court case with new evidence.

If Social Security determines your new SSDI claim can be sent for a disability determination, your disability onset cannot be any earlier than one day after the date of the final decision of the Commissioner on your prior application. Most often, the date of the final decision of the Commissioner is one day after the ALJ decision if the AC (Appeals Council) denied the review.

All new SSI disability claims filed while waiting on a Federal District court decision are sent for a new disability determination because their eligibility date cannot be established prior to the filing date of the new disability application.

In conclusion, you may or may not be able to file a new SSDI claim while waiting on a Federal District Court decision. However, there is no problem with filing a new SSI disability claim while you have a SSI claim pending in Federal District Court.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

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  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



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    Resources on this site

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