It seems like this is true if one decides to file a new claim after a level 3 denial unless the old case can be reopened.
1. AOD = Jan. 1, 2009. (initial application)
2. ALJ denies your claim Jan. 20, 2011.
3. You decide not to pursue this claim any longer but start a new claim.
4. You can not on the 2nd application use an AOD (alledged onset of disability)
date which is the date you alledge your disability began that is Jan. 20, 2011
or earlier on the 2nd application.
I did ask my friend Jack who use to work for the SSA admin. and runs another SSDI discussion forum and here is what he told me and provided a link to verify what he said.
A person can allege any date he wants but the DDS will not allow a |
claim before the date of the ALJ's adjudication date unless the old
case can be reopened. If four years or less have elapsed since the
date of the initial DDS determination AND the claimant can show clear
error on the earlier determination OR submits new and material
evidence that relates prior to the ALJ decision, the old case can be
reopened. This is a difficult legal burden, and so the usual best
case scenario would be if the DDS allows the case with an onset after
the date of the ALJ decision, assuming that the claimant stll meets
the 20/40 work credit requirement as of that date.
In other words, most DDSs simply won't disturb what the ALJ did and
will establish a date after the date the ALJ ruled, if 20/40 was still
met, or else deny the new application.
Gayle, what was the AOD date on the 2nd application you submitted? I would imagine it was a date after your level 3 denial. This really makes sense in your case since you are still pursuing your initial claim. If a date prior to the 1st denial was used, the 2nd claim and 1st would overlap and SS does not allow this co-mingle.
@cruiseladytx>>>>You really don't have a choice because you can not pursue your 1st claim any longer since you did not appeal in time. I would still pursue a 2nd claim if you are not able to work. You want to make sure you do this ASAP and not exceeed your DLI (date last insured) where you run out of QC's (quarters of work credits) that will disqualify you from even filing a new claim.
Here is the caveat I suppose. Let's say one decides to appeal an adverse level 3 decision. If you are denied at levels 4 and 5 (FDC) and this whole process takes more than 5 years, you may not be able then to start a new claim because you have exhausted the min work credits needed for SSDI but if you started a new claim after the level 3 denial, you could then appeal another level 3 denial to levels 4 and 5 if need be. I can't imagine fighting SS for more than 5 years. How does one survive in the meantime unless you are married and the other spouse has income?