The DDS has jurisdiction over subsequent Title II claims in which res judicata does
not apply, and over cases in which a medical review is needed to determine whether
res judicata applies (e.g., whether there is new and material evidence).
The FO has jurisdiction over claims meeting all of the conditions in subsection B.
The FO will transfer electronic claims which the DDS has jurisdiction to the DDS for
a determination, see DI 81010.085.
To ensure that the subsequent claim is readily identifiable by the DDS:
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Annotate the prior filing information section of the SSA-3367 Disability Report –
Field Office, with the pertinent facts regarding the prior filing.
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•
Add a message (without an expiration date) to the certified electronic folder (CEF)
stating: “DDS jurisdiction: potential denial on basis of res judicata. DDS review necessary.” For instruction
on posting messages to the CEF, see DI 81020.090.
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•
Obtain the prior claim folder(s) if the prior filing is an official paper folder housed
in a Modular Disability Folder (MDF).
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•
Document the claims folder to show any Supplemental Security Income (SSI) involvement,
including the location of the SSI folder.
For additional information on documenting prior claims activity, see DI 11005.085. If the prior title II folder cannot be located, do not reconstruct the folder. Obtain
a new application, SSA-3368, and SSA-827(s).
For information on the electronic process when unable-to-locate (UTL) folders, see
DI 81010.242. If the search is unsuccessful, complete the UTL Report of Contact and include a
copy in the current folder.
When the prior claim is pending at the Appeals Council (AC), and the subsequent claim
needs a DDS medical determination because one of the criteria in subsection B, in
this section, is not met, add the “subsequent claim” flag, see DI 81010.080B to the case prior to transferring to the DDS. Social Security Ruling 11-1p may apply
if the subsequent claim is under the same title of the Social Security Act and for
the same benefit type. Follow the appropriate instructions to process the subsequent
claim, see DI 51501.001 or DI 12045.027.