A number of attorneys suggest that if you are denied at your Social Security disability hearing, you should do two things:

Appeal the Administrative Law Judge’s (ALJ’s) decision to the Social Security Appeals Council, and
File a new claim for Social Security disability benefits.

The idea was that the new claim would be evaluated by Social Security until it got to the hearing level, the the old claim was pending on appeal. There were pros and cons to this approach.

Since cases often take in excess of 18 months at the Appeals Council, some advised to start the ball rolling on a new claim (which might get approved sooner).
The problem was that a denial on the new claim might reinforced the correctness of the prior hearing denial which is being appealed.
Also, if the new claim got to the hearing level, it was put on hold until the Appeals Council decided on the appeal of the prior hearing decision.
If the Appeals Council denied the appeal, it might have a chilling effect on the new claim’s chances waiting to be heard at the hearing office.

Well, all this is a thing of the past.

With SSR 11-01p, Social Security now effectively makes you pick whether to appeal OR start a new claim.

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Social Security has two different benefit programs for individuals who are disabled.

Disability Insurance Benefits (DIB, also known as SSDI, or Title 2 benefits); and
Supplemental Security Income (SSI or Title 16 benefits).

Because of its name, it is a common misconception that must apply for “Disability Insurance” if you are disabled. Actually, both programs provide disability benefits.  

What is Disability Insurance Benefits (DIB)?

Generally, Disability Insurance Benefits are based on your payroll contribution to Social Security.  To qualify for DIB, you have to have earned enough Social Security credits, in the right time frame, by paying into Social Security through payroll taxes.  

There are several circumstances in which you may not have enough credits for Social Security Disability Insurance:

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Social Security a bit like car insurance:  you pay your premiums to obtain insurance covered.  

When it comes to Social Security, your premiums are your payroll taxes and the coverage is disability insurance.  

In order to qualify for Social Security Disability Insurance, you have to have paid enough into the Social Security system through payroll taxes.  Once you have worked long enough, you become insured for Disability Insurance benefits should you become unable to work.
What happens when you stop paying your premiums?

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