If the claimant has a prior disability claim pending at the AC and submits evidence
of a new critical or disabling condition with onset after the date of the ALJ hearing decision on the prior claim, the claimant may request
an exception to file a new disability application.
The AC must approve the request before the claimant can file a new application while
the appeal is pending. If the AC does not approve the request, the claimant may file
a new application after the AC completes its action on the request for review of the
REMINDER: Do not take the new disability application until the AC approves the claimant’s request
to file a new application based on this exception.
DI 51501.010 Field Office Actions on Subsequent Disability Applications