TN 12 (09-19)

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

Citations: 20 CFR 404.914(d), 20 CFR 416.1414(d)

A. Policy on common issue

If a beneficiary (or recipient) has a request for reconsideration pending and files a new application for benefits, the disability hearing unit (DHU) may combine the issues on both claims for the purpose of the disability hearing. The disability hearing officer (DHO) will issue a combined initial and reconsidered determination with respect to common issues on both claims.

B. Preparing the determination

1. DHO's determination is favorable

  1. a. 

    Annotate “Since the claimant is still disabled, we will not process the application he or she filed on (insert date of application)” in the 'Other Conclusion' section of the Disability Hearing Officer's Determination if the new claim is for the same type of benefits.

  2. b. 

    Prepare the necessary SSA-833 Cessation or Continuance of Disability or Blindness Determination and Transmittal- Title II.

  3. c. 

    Prepare the SSA-831 Disability Determination and Transmittal as a No Determination.

2. DHO's determination is unfavorable and development is not necessary for new claim

  1. a. 

    Prepare the necessary SSA-833 Cessation or Continuance of Disability or Blindness Determination and Transmittal – Title II and SSA-831 Disability Determination and Transmittal if the determination on the claim under appeal is unfavorable.

  2. b. 

    Advise the beneficiary (or recipient), in the DHO's determination, that the two determinations have been combined.

  3. c. 

    See DI 33015.025 for special notice instructions.

3. DHO's determination is unfavorable and development is necessary for new claim

Forward the claim to the disability determination services (DDS) for adjudication when the DHO's determination is unfavorable and development is needed for the new claim.

C. References

DI 29005.022 New Application and Request for Reconsideration

DI 27010.005 New Application with Reconsideration

 


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 of Disability Cessation Pending - 01/10/1997
Batch run: 09/05/2019
Rev:01/10/1997