Last Update: 9/23/2024 (Transmittal I-2-258)
HA 01220.030 Collateral Estoppel — Issues Already Decided in a Prior Claim
Renumbered from HALLEX section I-2-2-30
When an Administrative Law Judge (ALJ) has for decision an
issue which has already been decided in a previous determination
or decision in a claim involving the same claimant but
arising under a different title of the Social Security Act
(Act) or for a different benefit under the same title of the
Act, the ALJ will not consider the issue again (20
CFR 404.950(f) and 416.1450(f)).
In this situation, the ALJ will apply the doctrine of collateral estoppel
and accept the factual finding made in the previous determination or
decision, unless there are reasons to believe that it was wrong. The ALJ
will include in the current decision a reference to the factual finding
made in the previous determination or decision, and a statement that
such finding is binding in the current claim.
For guidance on the application of collateral estoppel in disability
claims, see Program Operations Manual System (POMS) DI 11011.001.
Collateral estoppel differs from res
judicata. Res judicata is a basis for dismissal of a request for hearing
as to one or more previously adjudicated issues, whereas collateral
estoppel is not a basis for dismissal (HALLEX HA 01240.040).