Denial of a prior application before 01/06/86, because the claimant was not disabled
through the date he/she last met the insured status requirement for entitlement, requires
a DDS determination. A DDS determination is required because of changes in the law
due to the 1984 disability amendments. This is true regardless of the level of the
prior denial. (If the prior claim was denied on or after 01/06/86, see Title II Technical
Denials and Claims not Requiring a Disability Determination - DI 11010.075C. and New Disability Insurance Benefits (DIB) Claim after Prior Administrative Law
Judge (ALJ), or Appeals Council (AC) Denial - Insured Status Expired within Period
Adjudicated by Prior Decision - Medical Evidence Submitted - DI
When the new claim falls in this category, the FO takes the following actions:
Obtain the prior Title II claims folder and forward it with the new claim to the DDS.
If the prior folder cannot be located, DO NOT RECONSTRUCT. In this instance, the DDS
prepares a substantive determination on the new claim. See DI 11010.205G.15. for appropriate remarks.
The FO documents the Title II claims folder to show any SSI involvement. This documentation
includes the location of the Title XVI folder and the date of any SSI eligibility
based on a period of disability.