TN 1 (11-02)

DI 12045.035 Same Title Claims – New Claim or Appeal Filed, Prior Claim Pending at the Hearing Level

A. Introduction

Claimant files a new claim or appeal while a prior claim under the same title is pending before the Administrative Law Judge (ALJ).

NOTE: If a claimant files a new disability application and has a prior disability claim for the same title and benefit type pending at any level of administrative review, see DI 51501.001 – Procedural Change for Subsequent Disability Applications Effective July 28, 2011.

B. Procedure

1. New Claim

  • Do not undertake any development or request the prior claim file from the Hearing Office (HO). Do not prepare a folder.

  • Certified Electronic Folder -- Follow DI 81010.095 Using the Update-After-Transfer (UAT) Utility.

  • Paper Folder -- Forward the new claim immediately to the ALJ.

2. Appeal

If a claimant requests an Administrative Law Judge (ALJ) hearing and the case control query shows that the needed claim folder is in a HO, take the following actions:

  1. Contact the office indicated on the query to determine whether the current appeal request is a duplicate, or if the folder shown on the query is a prior claims file.

  2. If the request is a duplicate, proceed as follows:

    • Prepare a Report of Contact (RC) indicating the location of the folder and that the current request is a duplicate.

    • Forward the RC with the ALJ copy of the appeal request to the appropriate hearing office.

  3. If the request is not a duplicate follow DI 12010.001 to process the request.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0412045035
DI 12045.035 - Same Title Claims - New Claim or Appeal Filed, Prior Claim Pending at the Hearing Level - 04/10/2012
Batch run: 04/10/2012
Rev:04/10/2012