Identification Number:
CJB 11-03
Intended Audience:All ODAR Hearing Level Personnel
Originating Office:ODAR Office of the Chief Administrative Law Judge
Title:Policy Change for Subsequent Applications
Type:Chief Judge Bulletins
Link To Reference:
Retention Date: Indefinite

Effective July 28, 2011, field offices will no longer take a new disability application if a prior disability claim for the same title and same benefit type is pending at any level of administrative review (initial, reconsideration, hearing or Appeals Council (AC)). See Social Security Ruling 11-1p.

There will be a limited exception to this policy which allows a claimant to file a new application while a prior claim is pending at the AC in the following situation:

    (1) The claimant has additional evidence that does not relate to the period on or before the hearing decision and shows a new critical or disabling condition, AND
    (2) The claimant tells us he or she wants to file a new claim based on this evidence, AND
    (3) The AC agrees that the new disability claim should be filed before action on the request for review is completed.

These exception requests will be centrally managed through the Office of Appellate Operations’ Executive Director’s Office.

This policy change does not apply if the pending claim is:
    · For a different title or benefit type,
    · In conjunction with a Continuing Disability Review or age 18 redetermination, or
    · In Federal court or was remanded from Federal court to the hearing office or AC.

REMINDER: If the new claim is not for the same title and benefit type as the pending claim, these instructions do not apply and you will follow the subsequent application procedures in HALLEX I-5-3-17.

These instructions do not apply to subsequent disability applications filed prior to July 28, 2011, which we will continue to process under subsequent application procedures in HALLEX I-5-3-17.

If you have any further questions, please direct them to your regional office (RO) support staff. The RO support staff may refer questions or unresolved issues to their Headquarters contacts.

CJB 11-03 - Policy Change for Subsequent Applications - 07/28/2011