The Disability Determination Services (DDS) may issue conflicting determinations when
collateral estoppel does not apply to a subsequent claim and, after completing development
of the claim, the DDS issues a denial. Review the SSA-831 to identify why collateral
estoppel did not apply to these claims. The claims carry one of the following list
codes in item 26 of the SSA-831:
586 (Adoption does not apply due to changes in the listings),
588 (Adoption does not apply due to change in medical-vocational rules), or
581 (Adoption does not apply due to changed vocational profile).
These determinations are appropriate and should not be returned to the DDS for resolution,
see DI 27515.001D through DI 27515.001G.
For a complete inventory of disability-related list codes, see DI 33530.005.
When a potential collateral estoppel situation was not properly considered or addressed,
the FO must take the following actions.
a. Both determinations were made at the initial or reconsideration level
The FO must forward the claims for resolution to the DDS that made the last determination.
b. At least one decision was made by an administrative law judge (ALJ) or the Appeals
The FO must forward the claims to the regional office (RO), explaining the conflict
on the routing slip.
The RO Programs Coordinator works with the Office of Hearings Operations (OHO) to
coordinate the processing of the claim(s) that are with OHO.
The Regional Office Programs Coordinator works with the Office of Appellate Operations
(OAO) to coordinate the processing of the claim(s) that are with the AC.