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... |
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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.
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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