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:
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
Joanne files a title XVI application and is denied in 02/97 for excess resources due
a cash “loan” that she received from a relative. The ALJ upholds the determination
in 05/98. The claim is now pending review at the AC. Joanne files a subsequent application
in 01/00. She says she has no money other than money loaned to her in 01/00. This
time she has a written statement that the money loaned to her 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.