See DI 11005.085 for guidance on prior claims activities. (Per DI 11005.085B.3.a. FOs should provide the disability determination services (DDS) with prior files located in any FO location.)

In addition to the usual development, 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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  Obtain an Office of Hearings and Appeals query (OHAQ) to verify the last adjudicative level at which each prior claim was decided and the status of the claim. The OHAQ does not include decisions made before 1982. Include a copy of the OHAQ in the file to the DDS. The OHAQ codes for disability cases are as follows:

  DIWC = TII Disabled wage earner/child

  DIWW = TII Disabled Widow(er)

  SSIB = TXVI Blind

  SSID = TXVI Disabled

  SSBC = TII/XVI Concurrent Blind

  SSDC = TII/XVI Concurrent Disabled

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  Obtain a copy of the prior ALJ or AC decision and include it with your DDS material to DDS. If the claimant or his/her attorney cannot provide a copy of the decision, document this in Remarks of the SSA-3367.

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  Whenever there is a prior ALJ or AC decision, the FO will request the prior folder from any location. Enter the date you requested the folder in section 7 of the SSA-3367. Send your case to the DDS. Notify the DDS within 30 days of the results of your folder request.

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  Notify the DDS within 30 days if the folder is not received, is lost, or has been destroyed.

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  If the AC takes an unfavorable action on a claimant"s request for review, the claim file is retained in ODAR Headquarters for 5 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.