NL 00705.085 DWB Denial—Subsequent to Prior Medical Denial That Claimant Not Disabled During Prescribed Period

Prepare on SSA-L951-C2/U2

Social Security Notice

 

           Date:

 

           Claim Number:

The disability application you recently filed concerns the same issues that were decided in connection with an earlier application.

To be entitled to disability benefits, a widow, widower, or surviving divorced spouse must be between 50-60 years of age and must meet the disability requirement of the law within a specific 7-year period.

The widow/widower's disability must start no later than 7 years after the death of the spouse. (Or, for a widow, widower or surviving divorced spouse formerly entitled to mother's/father's benefits, the disability must start not later than 7 years after those benefits ended.) For a person previously entitled to disabled widow's/widower's benefits who becomes disabled again, the disability must start not later than 7 years after the prior entitlement ended.

On (A), you were notified of the (1) (2) (3) (4) that your condition was not found to be disabling within the meaning of the law at any time on or before (B), the date the specified 7-year period in your case ended. In that notice, you were told you could (a) (b) (c) (d) if you believed this decision was not correct. Our records do not show that a review of that decision was requested.

We have studied the information furnished with your present application and find that the facts are the same as those previously considered in connection with your earlier application. Therefore, your present application must be denied. Since, as explained above, the disability must start before the end of the specified 7-year period, it has not been necessary to consider whether your condition is disabling at any time after that period.

If you believe that this determination is not correct, you may request that your case be reexamined. If you want this reconsideration, you must request it not later than 60 days from the receipt of this notice. You may make your request through any Social Security office. If additional evidence is available, you should submit it with your request.

If you do not request reconsideration of your case within the prescribed time period, you still have the right to file another application at any time.

If you have any questions about your claim, you may get in touch with the Social Security office. Please bring this letter with you.

 

Fill-Ins:

(A) Date of notice of last substantive determination or decision

(B) Date specified 7-year period ended

(1) determination

(2) reconsideration determination

(3) decision of the Administrative Law Judge

(4) decision of the Appeals Council

 

(a) request a reconsideration within 60 days

(b) request a hearing before an Administrative Law Judge of the Office of Disability Adjudication and Review within 60 days

(c) request a review of the Administrative Law Judge's decision by the Appeals Council of the Office of Disability Adjudication and Review within 60 days

(d) bring a civil action in a Federal district court within 60 days


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900705085
NL 00705.085 - DWB Denial--Subsequent to Prior Medical Denial That Claimant Not Disabled During Prescribed Period - 08/08/2013
Batch run: 08/08/2013
Rev:08/08/2013