Here's a question we often get:
"I filed a disability claim and was denied. This is now under appeal but the appeal is taking a really long time. Can I also file a new claim while I'm waiting on the appeal?"
The answer is yes and no. You can always file a new claim but you must first withdraw the appeal. You can't have a new claim and an appeal in process at the same time.
Every case is different. However, it is usually not in your best interest to withdraw an appeal to file a new claim. There could be an exception, of course, but I would get good professional counsel before making such a decision.
Question: What gives a new claim a better chance of success than the old claim? If the answer is "Nothing," by all means drop the idea of a new claim and stay with the appeal!
Unless there are important extenuating circumstances, my guess is that a new claim will meet the same fate as the old claim: it will be denied and also have to be appealed. That puts you at the "back of the line" again and only costs you more time.
Generally, unless there's a good reason not to, my advice is appeal, stay the course and wait for the appeal to play out. Yes, I know it takes months or even years. But filing a new claim may only be an unwise attempt to make something happen more quickly, and it usually backfires.
"A slow victory is better than a fast denial."
HELP WITH A DENIED CLAIM? YOU CAN STILL WIN!
"I filed a disability claim and was denied. This is now under appeal but the appeal is taking a really long time. Can I also file a new claim while I'm waiting on the appeal?"
The answer is yes and no. You can always file a new claim but you must first withdraw the appeal. You can't have a new claim and an appeal in process at the same time.
Every case is different. However, it is usually not in your best interest to withdraw an appeal to file a new claim. There could be an exception, of course, but I would get good professional counsel before making such a decision.
Question: What gives a new claim a better chance of success than the old claim? If the answer is "Nothing," by all means drop the idea of a new claim and stay with the appeal!
Unless there are important extenuating circumstances, my guess is that a new claim will meet the same fate as the old claim: it will be denied and also have to be appealed. That puts you at the "back of the line" again and only costs you more time.
Generally, unless there's a good reason not to, my advice is appeal, stay the course and wait for the appeal to play out. Yes, I know it takes months or even years. But filing a new claim may only be an unwise attempt to make something happen more quickly, and it usually backfires.
"A slow victory is better than a fast denial."
HELP WITH A DENIED CLAIM? YOU CAN STILL WIN!
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