The RECONE (ODO) or DEC (DRS) will receive claims files from the DE and, occasionally,
from Records Maintenance, containing evidence considered to be new and material and
relating to the period decided by the ALJ on an earlier application. Evidence of this
nature may also be received in connection with the processing of a request for reconsideration.
If the ALJ's decision is subject to reopening, i.e., the new and material evidence
is received within the 4 year period following the notice of the initial denial of
the prior claim, send the file to the ALJ by SSA-559 with a copy for the file. This
should be done after processing to payment any determination favorable to the claimant
on the basis of the new application. On this SSA-559, tell the ALJ that evidence considered
to be new and material has been submitted for whatever action he/she deems appropriate.
Also, if an initial or reconsidered determination is being deferred pending his/her
consideration of the evidence (see DI 40105.050A.), advise the ALJ of that fact.
Our subsequent processing will depend, of course, on whether the ALJ has reopened
and revised his/her decision. Our action would either be one of effectuation of a
revised decision or the completion of our initial or reconsidered action on the new
In any case where the ALJ has declined to reopen his/her decision and you feel that
reopening is still indicated, refer the case to OD, by SSA-559 giving the reasons
for the referral.