For subsequent non-disability title II/XVI applications filed 12/30/99, or later with
a new issue, process the subsequent application. For subsequent non-disability title II/XVI applications
filed 12/30/99, or later with an issue that has already been decided at some level
of the appeal process, send the subsequent application to the AC for association. The POMS at DI 12045.027 and DI 20101.025 will provide procedures for handling subsequent disability applications.
We have provided the examples shown below to help determine whether the issue is new
or one that has already been decided:
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1.
Judy files an application in 02/97 on behalf of the NH's stepchild. We deny the claim
through the reconsideration level because the NH was not providing one-half support
at any of the applicable points in time. The ALJ issues a decision in 09/98 denying
benefits on the same issue. A request for review is now pending at the AC. Judy files
a new application in 01/00 with evidence proving one-half support as of 10/97. You
will send the subsequent application to the AC for association because the evidence
proving one-half support is relevant to the period before the ALJ decision.
NOTE: Once the ALJ issues a decision, this closes the record, i.e., the AC will consider
additional evidence only if it relates to the period on or before the date of the
ALJ's decision.
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2.
Joanne (they, them, their)files a title XVI application and is denied in 02/97 for
excess resources due a cash “loan” that they received from a relative. The ALJ upholds
the determination in 05/98. The claim is now pending review at the AC. They file a
subsequent application in 01/00. They say they have no money other than money loaned
to them in 01/00. This time they have a written statement that the money loaned to
them in 01/00 was a bona fide loan. There is an understanding between the parties
that the money borrowed is to be repaid and is recognized as an enforceable contract
under State law. You will process the application because the proof relates to the
current application.