• 12
  • December
    2011

The Social Security Administration (SSA) has recently changed the way it handles an individual's multiple disability claims for conditions of the same type.

In 1999, the SSA decided that it would allow applicants with claims in the appeals process to file a new claim of the "same title and same type" to help speed up the reapplication process in the event that the claim is denied. After more than a decade, the SSA has determined that allowing applicants to file multiple claims created extra costs, used more manpower and resulted in improper payments for disability beneficiaries, which ultimately made the entire claims process less efficient.

Under the new rule, the SSA will require applicants seeking a new claim identical to one they have pending in either the claims or appeals process to choose either to continue with the pending claim or cancel it and proceed with a new claim. There are five different scenarios that may result, depending on an applicant's decision.

1. Choose to Proceed with New Claim and Discontinue Old Claim

Under this option, applicants decide to dismiss their old claim and continue with a new claim of the same type and title. This is a good way to introduce new, compelling evidence that supports one's disability claim or to apply for a different type of benefit, since a new claim allows the SSA to look into other benefits that may be available.

2. Choose to Proceed with an Existing Claim and Discontinue a New Claim

This option requires the least amount of effort on behalf of the applicant, since he or she must simply continue on with a claim currently in process. An applicant will still able to contribute new evidence to support their existing claim, but cannot file a new claim for the same disability.

3. Choose to Submit New Evidence to an Existing, Pending Claim in the Appeals Process

This is a good choice for applicants with a claim in the appeals process. Instead of filing a new claim, applicants can submit new evidence that supports their pending claim. If the new evidence proves that the condition is critical or clearly disabling, the SSA may expedite the claim. On the other hand, if the new evidence provides support for a new "critical or disabling condition," the SSA will allow applicants to apply for benefits under a new claim.

4. Choose To Submit New Evidence to an Existing, Pending at the Initial, Reconsideration or Hearing Levels

Choosing this option allows applicants to submit new evidence to their claim, but they must opt out of filing a new claim for the same type of disability.

5. File a Claim for a Different Disability

The SSA still allows applicants with active claims to submit a new claim for a different type of disability.

The new SSA ruling should streamline the claims process for applicants, potentially putting payments in the hands of beneficiaries sooner. The ruling still allows applicants with multiple disabilities to file those claims concurrently and applicants at all stages of the claims determination process can present new evidence that supports their claim to benefits.

If you or a loved one are in the process of filing a disability benefits claim, please contact an experienced disability benefits attorney to help you understand the SSA's new rules and how they may affect you.