Social security claims and lawyers should be aware that we are now making a new unfair decision. The Social Security Administration (SSA) has issued SSR 11-1p. This new ruling is no longer permitted to raise a new claim even though the appeal by an adverse administrative law judge (ALJ) is pending in the Appellate Council (AC). In fact, it turns AC into a version of Charles Dickens'. "Brig House" # 39; Charles Dickens wrote about the issue of legal delay in "Breek House" criticizing the legal system in England in the 18th century.
In the past, the petitioner was able to start a new claim while the petition was pending in AC. In fact, the procedure of AC appeal takes two to three years. Many of my officials were able to acquire new claims while old claims were pending in AC.
Also, AC usually does not benefit from appeal. Rather, if ALJ commits an error, AC resubmits the case to ALJ for a new hearing. This process can take a year. After that, ALJ will conduct a hearing, and if the result is disadvantage you can reapply to AC. The second appeal to AC means that three years later you will not give the final result. Here, in my opinion, SSA changed AC to a modern "bleaching institute".
The only way to submit a new complaint after the adverse ALJ sentence is to abandon the AC appeal. If alleged, SSR 11 - 1 p requires the petitioner to withdraw the AC appeal before the complainant submits a new claim. Of course, with the new argument, we can not seek backtracking benefits than ALJ's unfavorable decision.
While SSA was pending an AC appeal and wanted to avoid inconsistent decisions between AC and lower levels of administrative proceedings, this change was justified by saying that there was a prosecution of a new claim . This works fine, but if you have a bad ALJ, AC is no longer a cure for many if the requester does not spend three years in the AC appeal and rework process. Most of the petitioners will start a new claim at the request of the hearing in front of a fair judge within one year when they face this choice and claim it.
In summary, the AC appeal process is effectively blocked for most claimants. Most petitioners do not want to spend an attractive three years on the adverse decision of ALJ. Rather, they will be forced to raise new claims and renounce past profits.
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