The FO must accept the application and assist the claimant in filing an application.
Explain that filing a new application is not the same thing as an appeal. An appeal
of a determination allows complete review of the basis and rationale for that determination
whether or not new evidence is presented to support the appeal request.
Explain that if a new application is filed with no new facts or evidence, the application
may be denied on the basis of res judicata. Res judicata occurs most frequently in
disability cases where, instead of appealing a denial, the claimant files a new application.
Even if the application is allowed, benefits may be lost. See GN 00204.030 for information on retroactivity of applications and GN 04040.000 ff. for information on administrative finality.
The claimant's action is often the result of the mistaken belief that filing a new
application is equivalent to appealing the prior application.