Social Security Ruling 11-1p: New Application
In essence SSR-11-1p limits claimants after receiving an Unfavorable ALJ Hearing Decision or in some circumstances a Partially Favorable ALJ Hearing Decision to decide an Appeals Council action OR submit a “new”/”subsequent” application. In the past you could do both without restrictions. SSR-11-1p dramatically changed a claimant’s choice.
SSA is still digesting and issuing the procedures around SSR-11-1p. Recently, SSA Office of Appellate Operations Executive Director Judge Patricia Jonas has implemented a policy change where a claimant may be able to file a “new”/”subsequent” application if there is an allegation of a “new critical or disabling condition” with an onset date AFTER the date of the hearing decision. Such requests are suppose to be processed within in 2 days.
However, what defines a “new critical or disabling condition” AFTER the onset date remains to be seen. There has not been any data that suggests a 2 day response time has been effectively followed.
SSR-11-1p implementation is just one of a thousand reasons you should hire an actual licensed attorney who has handled at least a 1000 Social Security Disability claims.
David W. Magann, P.A.
Attorneys at Law