The long disability marathon, part 1: a federal law suit and a new application
I am sure you are tired of hearing about how the disability process is a marathon and not a sprint. Even though this is a tired phrase, it really is the truth. The reason why it’s a marathon is because by the time you go through all of the appeals, it may be years before you get a desired outcome (assuming you get one).
However, there may come a point when you come to a very unique crossroad. This crossroad comes when you have taken one application as far as you can through the administrative process and now have to consider filing a law suit against the Social Security Administration. It is at this point when you may have the opportunity to file a new application while your law suit is pending. This situation unique because some people wonder why they should even file a new application. Here’s a few things you should consider:
- Two is sometimes better than one.
Sometimes, while you file your law suit, you may be able to file a new application. If you are allowed to file a new application, you should consider filing a new application. Every federal court jurisdiction is different but your federal law suit may be a year or longer. In this situation, filing a new application may give you the opportunity to have two cases proceeding at the same time.
- The government treats your new application as if it’s the first time.
When filing a new application, the government typically doesn’t give you any preferential treatment just because you previously went through the disability process. As such, when you file a new application, the government is treating your application as if you are filing for the first time.
- What was in your old file before the previous judge will not be in the new file.
As mentioned above, the government treats a new application as if you are filing for the first time. However, the government typically will not review any records before the date your LAST JUDGE made a decision on your case. In other words, if you had an ALJ unfavorable decision of January 1, 2015, SSA will only focus on evidence from January 2, 2015 to the present. So it’s important to know that SSA will not take another look at the same information.
- If you submitted documents to the appeals council, you may have to resubmit them on a new application.
When you get the decision from the Appeals Council, they typically will list all of the evidence that you provided to them. If you decide to file a new application, please remember that SSA will not forward this information to your local office on a new application. As such, make sure you keep a copy so you can forward the information to your local office on a new application.
- There is a possibility that your old case in federal court may impact your new case
This question is a tough one to answer because what impact the federal court may have on your new case depends on the outcome. For instance, if you win your law suit and the federal court orders the Social Security Administration to look at your case again, your new case may be combined with your old case. If you have been approved on your new case while your old case is in federal court, the federal court decision may result in your new case being re-opened. Unfortunately, there is no way to know the impact until a decision has been issued by the federal court.
- If you’re not sure what you should do, you really should talk to an attorney
There are a lot of other factors that come into play when deciding whether to file a new application while your case is in federal court. If you’re not sure if you should or should not, you really should talk to an attorney who handles federal court litigation and handles Social Security applications. Use different resources that are available to you for assistance such as NOSSCR, NADR, AARP, or Legal Aid services.