TN 16 (03-24)

GN 03104.380 Processing Subsequent Application (FO/PC)

A. Procedure for both titles

  1. 1. 

    If the subsequent application results in a favorable initial or reconsideration determination, immediately send an email to the Office of Appellate Operations (OAO) at ^DCARO OAO. The subject line should read FAVORABLE SUBSEQUENT APPLICATION. Include any relevant information in the text of the message including the claimant's name and Social Security Number and attach a copy of the SSA-831, if any.

    For a subsequent favorable claim that is electronic, see DI 12045.027D.2.b.

    This will provide the Appeals Council (AC) with advance notice that a subsequent favorable determination is on the way.

  2. 2. 

    Route claims file material to OAO electronically (via email or by uploading material in eView or Electronic Non-Medical (ENM)). Paper claims folders should only be mailed to OAO upon request. Questions regarding proper procedures regarding routing can be forwarded to ^DCARO OAO.

  3. 3. 

    If the subsequent claim is denied and the claimant appeals, process through normal appeal procedures, see GN 03104.380D.

  4. 4. 

    If the determination on the subsequent claim was favorable, the date of eligibility/entitlement can be no earlier than the day after the date of the administrative law judge (ALJ) decision.

  5. 5. 

    If the AC takes favorable action on the prior claim, notify the appropriate adjudicating component to stop processing the subsequent claim.

    If the AC remands the prior claim, notify the appropriate adjudicating component to stop processing the subsequent claim and to forward the claim file to the hearing office (HO).

    Forward any new evidence sent from the AC to the appropriate adjudicating component when the AC denies or dismisses the RR on the prior claim.

B. Procedure for Title II

Process the subsequent claim through Modernized Claims System (MCS). After effectuation, show folder movement to the OAO branch (branch code) with jurisdiction over the prior claim. Generate the standard notice.

C. Procedure for Title XVI

  1. 1. 

    Include the following remark on the Supplemental Security Income Record (SSR): PRIOR CLAIM AWAITING AC DECISION.

  2. 2. 

    Include the following remarks on the Development Worksheet:

    • ISSUE of “AC APPEAL.”

    • The SSR record number, e.g., “RECORD 1" in the remarks for that issue.

    • Set an appropriate tickle date for the AC's decision.

  3. 3. 

    If the subsequent claim is not a Modernized SSI Claims System (MSSICS) claim, control the prior claim with the appeal pending at the AC with a Modernized Development Worksheet (MDW) record, using the same ISSUE and REMARKS as shown above, or control it manually.

  4. 4. 

    Terminate the SSR and lock the claim iteration on the MSSICS pending file for the claim with the appeal pending at the AC. Follow procedures in SM 01010.060, SM 01010.061, and MS 04404.011.

  5. 5. 

    Process the subsequent claim by following existing new claim procedures as if the prior claim had not been filed:

    1. a. 

      The date of entitlement/eligibility can be no earlier than the day after the date of the ALJ decision.

    2. b. 

      If the subsequent claim is an allowance or denial, process through normal systems procedures.

    3. c. 

      If the subsequent claim is denied and the claimant appeals, process though normal systems procedures.

D. Appeals of subsequent claims

If the subsequent claim is denied at the initial level, the claimant may appeal to the reconsideration level and, if necessary, to the hearing level. Follow normal procedures for taking these requests, including routing the claim to the Processing Center (PC) or HO as appropriate. The ALJ will hold the subsequent application until the AC acts on the prior claim.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203104380
GN 03104.380 - Processing Subsequent Application (FO/PC) - 03/14/2024
Batch run: 03/14/2024
Rev:03/14/2024