The Social Security Administration, in an effort to cut it’s costs, has
again taken away significant rights of disabled persons applying for Social
Security Disability benefits.
Just a few months ago, the Administration enacted Social Security Rule
11-1p. Which says that if a Social Security Claimant has an application on
appeal, they may not file a new application until they terminate the prior
Previously, if a claimant was denied and had appealed the determination of
the Administrative Law Judge to the Appeals Council in Virginia, they had
the option of starting over and providing updated medical records to see if
they could qualify for current benefits, based upon the new records, and
continue to pursue their retro benefits on the older denied application.
Appeals to the Appeals Council can take several years for action/decisions
to be made. Under the old system there were often situations where new
medical, perhaps an MRI, or Brain Scan, or other new medical would shed
light on why the claimant was so impaired. This new medical could often
allow a favorable determination. Thus, the claimant could begin to receive
some benefit and have the means to support themselves while waiting to see
if the appeal for retro benefits was eventually to be approved.
Now, if a claimant has appealed the decision, they may not file a new
application unless they dismiss the pending appeal. Thus, the claimant must
elect to give up the old benefits entirely if they want Social Security to
consider any new medical and application. This is a huge burden to the
claimants and is a serious loss of rights. Many claimants are tempted to
give up valuable rights to seek all their benefits just so they can
potentially access current benefits to live on.