If the claimant has a prior disability claim for the same title and benefit type pending at any level of administrative review, do not accept
a new disability application. Also, do not establish a lead or protective filing in
the 800 number system for a new disability application.
EXCEPTION: If the claimant’s prior claim is pending at the Appeals Council (AC) and the claimant
has evidence that may indicate a new critical or disabling condition, see DI 51501.015C.
1. Paper application procedures
If you receive a paper application in person or by mail, return it to the claimant
immediately. In addition, send the claimant the Subsequent Disability Application
notice in the Document Processing System (DPS).
NOTE: The paper application does not give the claimant a protective filing date.
2. What the claimant needs to know
Explain that he or she cannot have two disability claims pending for the same title and benefit type.
The claimant must choose one of the following:
Continue the appeal of the prior claim, or
Request in writing to withdraw the appeal and file a new application.
Do not tell the claimant which choice to make.
3. Claimant chooses to continue the appeal
No further action unless the claimant has additional evidence to submit (see DI 51501.015).
4. Claimant wants to withdraw the appeal
Follow the procedures in DI 51501.020.
REMINDER: You must wait until his or her request is approved before taking a new application.
5. Written requests for a protective filing date
If you receive a written request in person or by mail from the claimant or representative
to establish a protective filing date for a new application for disability benefits
(and the claimant has an appeal pending for the same title and benefit type), send
the claimant and representative, if any, the Protective Filing for Subsequent Disability
Application notice in DPS.