Two claims pending?
 

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!

Your lawyer should be having the new info and diagnoses added as an addendum to your medical records for the appeals.

Are the diagnoses of MS and seizures brand new ? Or are they delayed diagnoses that you are just getting now, but have been going on awhile and help to explain your functional capacity ?

The diagnosis of MS was made in Jan 2010 and Seizures May 2010......and yes, they finally explain all my symptoms from before I filed for disability in 2008. And yes an addendum has been sent to the appeals council. The appeal was filed in Oct 2009, so 17-18 months now.

But still want to know if I can close the second claim, and it not to affect the initial claim??

My social security credits run out in Dec 2011.

I have never been through the appeals process but from whta investigation I have done, you never kknoe which aplication is going to catch the judge's interest so I would leave both of them active. In the end they are viewed as one. As long as you are sending addendums to both claims about new medical information, you should do just fine.
Reapectfully,
Trudi

I'm on team Trudy on this one.

I don't know for a fact that leaving both open is the correct thing to do, but from a common sense standpoint, it seems the logical thing to do.

Good luck

Here is my thought.

My second claim is just waiting now for what happens to the first claim....and if I close it out, and start a new second claim, I could get approved (and start collecting some money)....while still awaiting the result from my initial claim.

Does that make sense??