If no common issue exists (overlapping period of time) between the subsequent claim
and the prior claim, we cannot establish the date of entitlement and the date of onset
on the new application before the end of the period being considered on the claim
that is pending before the court.
If the claim that is pending in court, either under the same or a different title,
contains no common issue, the FO routes the subsequent claim to the appropriate DDS
with a transmittal sheet annotated as follows: “Do not release any denial notices
or make any systems inputs. Onset cannot be established prior to (fill-in date of
last administrative decision of the Commissioner on the prior claim).”
For additional information on the definition of a common issue, see Processing Disability
Claims at Different Levels of Appeal, Title II and Title XVI - Common Issue Cases
DI 12045.010.