I am hearing that Social Security has decided not to apply Social Security Ruling 11-1p, which prohibits the agency from taking a new claim while an old one is pending on appeal, to cases where a new claim and an appeal are already pending. I am also hearing that there will be an Emergency Message to Social Security employees on this new procedure shortly, perhaps today. Since it may be some time before this Emergency Message appears on Social Security's website, I would appreciate it if someone could forward a copy to me. I don't think this is intended to be any sort of secret.
2 comments:
Although SSA is not known for always acting with common sense, the interpretation set forth in your post is common sense. The SSR does not take effect until it is published (i.e., today) and therefore would not affect any claims already filed.
There is no procedure in the SSR to dismiss previously filed applications. That also probably explains why SSA did not provide advance notice of the SSR. They knew every claimant at the A/C would be advised by their representative to immediately file a subsequent application, before the SSR became effective.
This raises an interesting question. What happens if SSA screws up and takes a new application while an appeal is pending at the A/C? I know SSA is convinced their computer matching is foolproof, but mistakes happen. Under what procedure within this SSR could SSA dismiss the new application after it has been accepted? I see in the nothing in the SSR that would provide a basis for dismissal of a filed claim (or even consolidation, as used to happen under the old rules)
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