TN 6 (08-94)

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

A. Policy

If an individual has a request for reconsideration pending and files a new application for benefits, we may combine the issues on both claims for the purpose of the disability hearing. When we do this, we issue a combined initial /reconsidered determination with respect to common issues on both claims.

B. Procedure

1. General

Be familiar with the procedures referenced in C. below.

2. DHO's decision favorable

If the DHO's decision is favorable, show “Since the claimant is still disabled, we will not process the application he/she filed on (insert date of application)” in the 'Other Conclusion' section of the SSA-1207 if the new claim is for the same type of benefits.

3. DHO's decision unfavorable - no development needed

Prepare the necessary SSA-833-U3 and SSA-831-U3 if the determination on the claim under appeal is unfavorable.

Advise the claimant, in the DHO's decision, that the two determinations have been combined.

See DI 33015.025 for special notice instructions.

4. DHO's decision unfavorable — development needed for new claim

Forward the claim to the DDS for adjudication when the DHO's decision is unfavorable and development is needed for the new claim.

C. Reference

DDS procedures in this area, DI 29005.022.

General instructions for new applications with reconsideration, DI 27010.005.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0433015060
DI 33015.060 - New Application Filed and Request for Reconsideration -Disability Cessation Pending - 02/22/2013
Batch run: 02/22/2013
Rev:02/22/2013