My initial claim was denied, reconsideration denied, and a unfavorable decision before the ALJ. My attorney appealed.....I am still waiting a decision from the appeals council.

Right away my attorney filed a second claim. It was denied and reconsideration was denied. It is on 'hold' now pending the outcome of the appeals council decision on inital claim.

I want to know if I can close-out the second claim, but leave the initial claim?? I do not want to mess-up the appeals council decision on the first calim.

I filed for both claims before I was dx with both MS and complex partial seizures. I am thinking, if I close-out the second claim and reopen a new claim with my diagnoses.....I would have a much better chance of being approved.

Also, the ALJ made several mistakes and stated incorrect information in his decision, he said he thought my doctors functional capacity form was exaggerated, however, he did not have a medical expert at the hearing and I was never examed by a SS doctor. My doctor was the only doctor to give a RFC form; therefore, my attorney thought we had a great chance at a favorable appeal. There were a few other things as well that he said we did not have evidence of.....and the evidence was in all the records that he (ALJ) had.

Thanks for any and all input!