BASIC (08-11)

DI 52755.015 FO Responsibilities

A. Policy

The prior file or a copy of the ALJ or AC decision must be requested any time the Chavez AR applies in adjudicating a subsequent claim.

B. Procedures

NOTE: See DI SF11005.085, Prior Claims Activity (TN 81 -- 06/2011) for FO instructions in the San Francisco Region.

1. Prior claim activities

See DI 11005.085. for guidance on prior claims activities. (Per DI 11005.085B.3.a., FOs should provide the DDS with prior files located in any FO location.)

2. Initial disability interview/development

In addition to the usual actions, take the following actions:

  • Ask the claimant about any prior disability claims and the last adjudicative level at which each claim was decided.

  • Obtain an OHAQ to verify the last adjudicative level at which each prior claim was decided and the status of the claim. The OHAQ does not include decisions made before 1982. The OHAQ codes for disability cases are as follows:

    • DIWC = TII Disabled wage-earner/child

    • DIWW = TII Disabled Widow(er)

    • SSIB = TXVI Blind

    • SSID = TXVI Disabled

    • SSBC = TII/XVI concurrent Blind

    • SSDC = TII/XVI concurrent Disabled

  • Whenever there is a prior ALJ or AC decision, obtain the prior file from any location and forward both the prior and subsequent files to the DDS.

  • If the prior file is not received within a reasonable period (i.e. 30 days), obtain a copy of the ALJ or AC decision from the claimant, place it in the subsequent file and forward the file to the DDS.

  • Alert the DDS of any prior ALJ or AC decision, location of the prior file, and whenever the prior file is lost or has been destroyed.

  • If the AC takes an unfavorable action on a claimant's request for review, the claim file is retained in ODAR Headquarters for five months pending potential filing of a civil action. In such instances, obtain a copy of the ALJ or AC decision and forward it to the DDS.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0452755015
DI 52755.015 - FO Responsibilities - 08/05/2011
Batch run: 08/05/2011
Rev:08/05/2011