Practice Areas James A. McKown Jr.

Citing "an increase in the number of subsequent disability claims in recent years," the Social Security Administration (SSA) has changed the rules for filing more than one disability claim at a time.

Previously, a claimant was allowed to submit a new disability claim while a prior claim was pending. Under Social Security Ruling 11-1p, people seeking disability will no longer be allowed to have two claims for the same type of benefit pending at the same time. A new claim under a different type of benefit will not be impacted by this ruling.

This new ruling greatly affects plaintiffs with pending claims and appeals for their disability requests. Under the new rules, an individual will no longer be allowed to have two claims for the same type of benefit simultaneously before the SSA. This includes both initial claims and appeals.

If a claimant wishes to file a new disability claim of the same type as one already pending at any level of administrative review, they will have to choose between continuing with current individual claim reviews that may be pending, or declining to pursue further administrative review and filing a new application.

Pursue a Pending Disability Claim or File a New Claim?

If a claimant already has a claim pending in administrative review, any new claim for the same type of benefits will not be accepted. However, individuals are free to submit any new evidence pertaining to their existing claim. The SSA will consider any new information and evidence you submit as well as any previous information in your claim.

If a claimant decides to not pursue further review on the pending claim, they can file a new application when they feel they have gathered the necessary information and evidence.

This rule can have a significant impact on some claims. If you have any questions about this rule change, please consult a disability attorney.