Res Judicata is a rule in administrative law. It applies at all levels of the claims process to avoid deciding an issue that we have previously decided based on the same facts, same issues, same parties and same adjudicative period. For more information on Res Judicata, see Field Office (FO) Res Judicata Development and Processing DI 27516.001.

When res judicata applies, no new medical determination or Medical or Psychological Consultant signature is required. For processing instructions, see DI 40105.050E. in this section.

Administrative res judicata applies when:

1. 1. 

   A subsequent disability application is filed, and

2. 2. 

   The last substantive denial or closed period determination occurs

   1. a. 

      after the earnings requirement was last met (Disability Insurance Benefit (DIB) cases), or

   2. b. 

      after the prescribed period requirement was later met (Disabled Widows Benefit (DWB) and Childhood Disabled Beneficiary (CDB) reentitlement cases), and

   3. c. 

      on or after the attainment of age 22 (CDB cases).

Some examples are:

1. 1. 

   In a DIB claim, there has been additional work activity, which could extend the date the earnings requirement was last met.

2. 2. 

   In a DWB or CDB reentitlement, there is evidence that could extend the date the prescribed period or reentitlement period ended.

3. 3. 

   There has been a change in policy that must be considered for the period at issue. For more information, see DI 27615.010.

These claims are usually FO jurisdiction; however, they occasionally come into the Office of Disability Operations, Processing Center-Disability Processing Branch, and Office of International Operations (ODO/PC-DPB/OIO).

If res judicata does not apply to a subsequent filing, a new independent determination is needed. A new independent determination may be made without reopening the prior determination. Consider reopening if it is possible under the rules of administrative finality. For processing instructions and reopening considerations for subsequent filings in which res judicata does not apply, see DI 27516.005C. These cases will require a new medical determination and Medical or Psychological Consultant signature.

If the PC is not able to make a new medical determination, forward the case to the servicing FO for further processing. The FO will complete processing in the Electronic Disability Collect System (EDCS) (or establish a paper folder for EDCS exclusions) to transfer the case to the DDS for a new medical determination.

When res judicata applies, a Form SSA-831 (Disability Determination and Transmittal) is not necessary.

The Disability Examiner/Disability Processing Specialist (DE/DPS) annotates the certified electronic folder per DI 27516.005D.1explaining that res judicata applies and request that the FO input denial code S1. For instructions on annotating the CEF, see DI 81020.090.

• •

  DI 27516.001 FO Res Judicata Development and Processing

• •

  GN 03101.160 Res Judicata

• •

  GN 04001.000 Reopening (Title II Only)

• •

  DI 11010.075 Title II Technical Denials, and Claims Not Requiring a Disability Determination

• •

  DI 11010.080 Subsequent DIB Claim after ALJ, or AC Denial – Insured Status Expired within Period Adjudicated by Prior Decision – Medical Evidence Submitted