The Social Security Administration used to allow multiple filings for benefits. That was important because if the Social Security Administration denied your application, you could file a new claim for benefits while waiting for your appeal to be heard. This made it possible that you could win your new claim before the time your appeal ran. That was important because it could take years for appeals to work their way through the Appellate process.
Unfortunately, the new rules do not allow a person claiming disability to have two claims for the same type of benefits pending at the same time. As a result, if your initial application for benefits if denied, you only have two options:
1. Appeal the denial of your application.
The main concern that you face if you appeal the denial is time. Filing an appeal delays the amount of time that you can file a new claim but if you are unsuccessful with your appeal then you will have been delayed in receiving the benefits you could have potentially gotten if you filed a new claim and were successful.
2. Filing a new claim.
If you decide to file a new claim the disadvantage is a possible loss of back benefits. If you had filed an appeal and won you would have received benefits back to the date of your original applications. If you file a new claim and are successful, you only get benefits back the date of your new claim.
It is a difficult decision to make! If your application for Social Security Disability benefits has been denied, you should contact Pinellas County Social Security Disability attorney Nancy Cavey who can advise you regarding what options would be right for you based on your individual circumstances. You can contact the Law Offices of Nancy Cavey for a free Social Security Disability evaluation at 727.894.3188.