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Author Topic: Filing a new claim for SSI when already in Appeals Council Process  (Read 1496 times)

pinkwitch63

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Can Anyone please explain ? Scenario: My daughter filed for SSDI Oct 2017 - Had Hearing (2019) was Denied - Appeal Filed - Remanded - Had 2nd ALJ Hearing in Jan 2021 was Denied - Attorney sending back to Appeals Council, BUT was advised to file a New Claim for SSI ? How does all that work, and Why file a new claim ? What does that do to the old claim ? Thanks All....
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DisabilityDiscussed

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Re: Filing a new claim for SSI when already in Appeals Council Process
« Reply #1 on: February 10, 2021, 02:59:25 pm »
He is protecting your rights.  We are getting into the woods and there is more to what I am writing but under SSI, disability payments may begin as early as the first full month after the individual applied or became eligible for SSI.  If the Appeals Council again denies the application and you and the attorney take the case to the Federal District Court, you will have the SSI only claim pending.  Should you win the new SSI claim, you will have some income while the original claim, winds its way through the court system. 

Ask your attorney about his reasoning for the recommendation.

Just Me

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Re: Filing a new claim for SSI when already in Appeals Council Process
« Reply #2 on: February 10, 2021, 04:41:06 pm »
 Remember, SSI is not based on disability alone. For SSI, the claimant must have little to no income and resources no more than $2,000 if single, $3,000 if married and living with spouse. If married, the spouses income is also counted. SSA will verify if claimant meets non medical requirements before sending to DDS for medical. Few, if any attorneys know enough about their clients finances to know if they meet the non medical requirements.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

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