The following excerpt is from Tejada v. Apfel, 167 F.3d 770 (2nd Cir. 1999):
1 Tejada, through counsel, informed the district court that she had been approved for disability benefits based on a subsequent SSI application filed April 16, 1996. However, this appeal concerns only Tejada's right to receive retroactive benefits from the date of her August 5, 1993 application, see 20 C.F.R. 416.335 (1998) (providing that benefits are not payable for the time period before an application is filed), through the day before Tejada's subsequent SSI application, April 15, 1996, see Dixon v. Shalala, 54 F.3d 1019, 1039 (2d Cir.1995) ("[I]f a claim is before the court on judicial review, the application remains in effect."). The grounds for approval of plaintiff-appellant's subsequent application are unclear and have no bearing on the issues raised in this appeal.
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