In the appeals process, a case will be considered regardless of whether new evidence is presented.
If an individual fails to file a timely appeal and files another application but provides no new facts or no new evidence; i.e., nothing changes, then the adjudicator can apply the doctrine of res judicata. Since we have
the same person, the same issue and the same facts and we have already issued a decision to that person which has become final (no appeal
filed timely), then res judicata protects SSA
from having to consider the same claim (on which it has already issued a decision) again and again, potentially ad infinitum.
NOTE: It should be noted that if anything has changed, the adjudicator should not apply
res judicata but should adjudicate the second claim in the usual manner. In applying
the doctrine of res judicata in application situations see GN 00204.028. If the claimant continues to have disability insured status after the date of the
last determination or decision on the claim, res judicata cannot be applied to the
unadjudicated period (i.e. the period after the date of the last determination or
decision) even if the claimant alleges the same onset date and impairment and there
does not appear to be any change in the claimant's condition. See DI 27516.010 for guidance in determining the applicability of res judicata in title II disability