TN 1 (09-16)

DI 29005.022 New Application and Request for Reconsideration

A. Filing of new application(s)

An individual may file a new application at the same time as he or she requests reconsideration of a continuing disability review (CDR) cessation. This section explains the handling of a new application filed at the same time as a request for reconsideration, or while such a request is pending.

B. Pre-hearing processing of cases with new applications

IF...

THEN...

a fully favorable reconsidered determination is not issued, but a new period of disability is established based on the new case,

  • process the new claim independent of the reconsideration CDR, using initial case instructions,

  • document the case folder to show the period of disability established based on the new application, and

  • prepare the reconsideration CDR for transmittal to the disability hearing unit (DHU). Be sure the folder sent to the DHU has copies of the evidence in the new case.

a fully favorable reconsidered determination is not issued, and a new period of disability cannot be established on the new case

transmit both cases to the DHU for adjudication.

NOTE: If the disability hearing officer (DHO) affirms the reconsideration CDR, but requires additional development on the new case, the DHU will return the new case to the DDS for adjudication. For information on handling new applications, see DI 33015.060.

a fully favorable reconsidered determination is issued,

process the new claim under the same rules for determining disability and consider collateral estoppel.

C. References

  • DI 27010.005 New Application with Reconsideration

  • DI 27515.000 Collateral Estoppel

  • DI 29025.001 Disability Determination Services (DDS) Action When Fully Favorable Reconsidered Determination Is Not Issued

  • DI 33015.060 New Application Filed and Request for Reconsideration - Disability Cessation Pending


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0429005022
DI 29005.022 - New Application and Request for Reconsideration - 09/23/2016
Batch run: 09/23/2016
Rev:09/23/2016