See DI 11005.085 for guidance on prior claims activities. (Per DI 11005.085B.3.a., Field Offices (FO) should provide the Disability Determination Services (DDS) with prior files located in any FO location.)

In addition to the usual actions, take the following actions:

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  Ask the claimant about any prior disability claims and the last adjudicative level at which each claim was decided.

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  Verify the claimant's report using agency data. For instructions on identifying prior disability claims and the last adjudicative level at which they were decided, consult DI 11005.085 - Prior Claims Activity.

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  Ensure all prior decisions are coded and documented on the paper SSA-3367 or the Electronic Disability Collect System (EDCS) 3367 disability report prior filing history per the instructions in DI 11005.045 - Completing the SSA 3367.

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  Use the 'Class Action/Court Case' Flag in EDCS to alert the DDS that a claim requires application of the Chavez AR. In the Description section of the flag, enter the remarks "Chavez Case - ALJ (or AC) decision(s) dated MM/DD/YYYY".

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    IMPORTANT: Include the decision date of every prior ALJ or AC decision in the Description section of the flag.

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  If the AC takes an unfavorable action on a claimant's request for review, the claim file is retained in Disability Adjudication Headquarters for five months pending potential filing of a civil action. In such instances, obtain a copy of the ALJ or AC decision and forward it to the DDS.

Whenever there is a prior paper folder related to an ALJ or AC decision, request it be sent to DDS per the instructions in DI 11005.085 - Prior Claims Activity.

If the prior paper folder is not received within 30 days, obtain a copy of the ALJ or AC decision from the claimant, enter it into the subsequent file, and notify DDS (or, if the subsequent file is also a paper folder, forward it to DDS).

If records of the prior ALJ/AC decisions are not available, contact the claimant, their attorney/authorized representative, or the Office of Hearings Operations (OHO) to see if the prior decision can be obtained. If the claimant or their attorney/authorized representative cannot provide a copy of the decision, document this in the remarks section of the SSA-3367 in EDCS.