Acquiescence Rule 98-4(6)

Sometimes, after a  Social Security Disability claim is denied, the claimant will re-apply and eventually have another hearing.  According to Acquiescence Rule 98-4(6), which adopted the holding of Drummond v. Commissioner of Social Security, 126 F.3d 837 (6th Cir. 1997), “When adjudicating a subsequent disability claim with an unadjudicated period arising under the same title of the Act as the prior claim, adjudicators must adopt such a finding from the final decision by an ALJ or Appeals Council on the prior claim in determining whether the claimant is disabled with respect to the unadjudicated period unless there is new and material evidence.”  Therefore, it is crucial on the subsequent claim to put forth new and material evidence to avoid being denied a second time.


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Serious Injury Lawyer in Tennessee and Georgia.

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