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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

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.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



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Social Security Disability SSI Questions

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Filing a Social Security Disability SSI application

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These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.