Need Help!!! - Disabilities Message Board

hurtallover · 04-22-2005, 11:14 AM

Hi
I'm new here. Have been reading threads for awhile , and they are very helpful. Now I have a problem and I hope someone can helpme. I applied for s.s.d. 2 years ago, got denied by that Judge, appealed, was told they would review my case. That was back in August 04.I haven't herd any more and was told by my attorney, it could take years! I called a different attorney and he advised me to file a new claim. My question is this; Should i file a new claim, or just wait for the old one? And if i do file a new claim, will it take another 2 years to get a decision? Any and all advise welcome, Thanks.

Purplebill · 04-22-2005, 06:35 PM

You should file a new claim if you have a new impairment or your existing impairments have worsened. You are allowed to file a new claim while maintaining your original appeal. the new claim will be processed through Reconsideration if necessary. If you are denied at Reconsideration on the new claim, it would then be appended or attached to your original appeal if that one is still pending before the Appeals Council.

kaybee · 04-22-2005, 08:01 PM

What seems to be the difference between filing a new claim and filing a recon? My husband had a 3rd denial but it was under a reconsideration claim. He had filed twice like a new claim previously. I'm really confused with this but I think it may have meant the difference between considering new medical evidence versus old. Can you enlighten me, Purplebill?

hurtallover · 04-23-2005, 06:40 AM

Thanks soo much for your advise!!!!! I do have more medical problems. I will file a new claim. Thanks again.