The FO has jurisdiction for applying collateral estoppel (CE) when the criteria is
met; and adopting the prior disability determination or decision would be fully favorable
in a new initial claim or reconsideration. For additional information on the FO responsibilities
in a CE case, see DI 11011.001A. Deciding continuing disability (CD), involves consideration of different issues than
those that are involved in deciding disability in an initial claim, see DI 13005.005. This can result in a finding of CD in a CDR and an denial in the initial disability
determination.
In some cases, however, the subsequent claim may raise a CD issue. In these cases,
the FO must follow procedures for identifying and processing possible medical recovery
issues raised at the FO level and initiating a CDR as necessary, see DI 13001.005 and DI 13005.030. If the FO has an SSA-3368-BK (Disability Report -Adult) for the new claim and determines
the need for a CDR, do not complete the form SSA-454-BK (Continuing Disability Review
Report) and follow the procedures in DI 13005.030. To initiate the CDR, the FO must use the form SSA-3368-BK with the subsequent claim
for both the new claim and the CDR case. On the form SSA-5002 (Report of Contact)
document the possibility of a CDR and explain the step of the CDR process to the disabled
individual, see DI 13005.030. Process the subsequent claim following existing procedures. For FO electronic case
procedures, see DI 81010.000.
Once the FO performs a CDR involving Section 1619 eligibility, the FO must carefully
apply the disability evaluation criteria applicable to this unique population, see
SI 02302.006. To carefully review any shifts in eligibility between the regular disability provisions
and Section 1619, see SI 02302.010.
NOTE: For subsequent claims routing and jurisdiction procedure for the FO, see DI 11055.055B. For the DDS procedures involving the prior claim, see DI 20505.010.