Be Cautious of Filing a New Claim for Benefits Instead of Appealing a Denial on a Current Claim

Filing a New Claim v. Appealing a Denial of Benefits

Based on recent changes in the regulations, you cannot file a new claim if you have a current claim pending at any administrative level. Following an Appeals Council denial, you can file a new claim for benefits; however, filing a new application is not the same thing as appealing a denial, and you could lose benefits by not appealing a denial. In some instances, failure to appeal a denial, may result in ineligibility for any benefits.