Retention Date: Indefinite
|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:|
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
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:
(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.
· For a different title or benefit type,
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.
· 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.
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