Adjudicate the Clark case from the application date of the technically denied claim,
through the month before the application date of the subsequent disability claim.
If the adjudication of the Clark case results in a denial, do not disturb the subsequent
determination (allowance or denial). Inform the claimant in the denial notice that
we reviewed the earlier period under the Clark court order provisions and found him
or her not disabled for that period.
If adjudication of the Clark case results in an allowance, and the subsequent claim
was a disability denial, adjudicate the claim as though no denial determination was
made, and vacate the subsequent determination as follows:
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For paper cases, follow normal reopening process.
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For electronic cases, receipt in the subsequent claim as a reactivation.
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Document the claim with a SSA-5002 (Report of Contact) that states: “Clark court order
requires the DDS to vacate the subsequent claim determination made on ___________.
Accordingly, the DDS vacates this disability determination.”
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Annotate all documents with the remark “Determination was vacated.” in the Notes column
in eView.
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Close the case with No Determination (ND) decision code, selecting the ND reason “FODR
– FO Determination Requested.”
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Transfer the claim to the FO.