Has anyone filed a new SSD case while waiting on Appeal?. Nothing has changed as far as health. Would I lose the retro-pay if I was approved on case?. I'm stuck, attorney sent me a Letter suggesting I should file a new case.
If approved on the second case yes you would lose your retro but they can go back one year from the date you fill for an on set date.
so if you filed your 2nd case 10/08 with an on set date of 10/07 and that can be proved they can go back to the 10/07 minus your five months.
I filed for SSDI twice. The first time I filed was February 2006 and was denied twice. My attorney suggested a new claim so that is what we did in December 207. I received my favorable decision last month. They reopened my first application and approved me back to my original disability date - the date following my last day worked (July 2005).
They stated on my approval letter that there was sufficient medical information to reopen and approve my original application. I have seen this happen with other cases as well. This doesn't mean they do it with every case. I think it depends on what information was submitted for the first app vs. the second app.
I filed a new claim in Feb 08, while waiting on Appeals. I got it on first try this time. I am still waiting on Appeals decision. When u file a new claim, nothing happens to the first one , u just wait and see what happens. The second one is not retro for me since I filed the new claim Feb08. If I win the Appeals they go back to May 05. I hope u can understand all this, Im not good with wording. Sorry
Good lLuck, DIane