Friday, August 26, 2011
Social Security Disability New RegulationsThe Social Security Administration has released new regulations which state that you can no longer appeal your denial at the
hearing level to the Appeals Council and file a new application at the same time. This is extremely unfair to disabled claimants
because they may be forced to decide whether they should file a new application and possibly get a quicker decision or appeal
the hearing decision so that they don't lose their past due benefits. The Social Security disability lawyers conference is
in November and I am curious as to what the organization has to say about these new regulations and what efforts are being
made to change this. Social Security claims this is necessary for quicker adjudication of claims. However, most disability
lawyers will tell you that this creates a difficult situation for Social Security disability claimants. The problem with this
regulation is that if you are denied at hearing and you do not appeal then on the new application you can only be paid benefits
from the date of the last decision. If you decide to appeal, and you are not also allowed to file a new application, you may
have to wait a year or longer for the Appeals Council to make a decision. I sincerely hope Social Security reconsiders these
regulations as I believe it puts Social Security disability claimants in the bad position of having to make a choice between
a possible quicker decision and getting their full past due benefits.
10:07 pm edt
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