TN 1 (11-02)
DI 12045.035 Same Title Claims – New Claim or Appeal Filed, Prior Claim Pending at the Hearing Level
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.
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.
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:
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.
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.
If the request is not a duplicate follow DI 12010.001 to process the request.