If a new application is filed with the same issue by the same party and no new facts
or evidence, the application may be denied on the basis of res judicata.
If anything has changed (including law and regulations), we cannot apply res judicata,
but must make a determination or decision based on the merits of the application.
EXAMPLE: Res Judicata Applies
A claimant denied on the first application and does not appeal (or appeals unsuccessfully).
The claimant files a second application, alleges the same onset date, submits no new
evidence, and the earnings requirement (date last insured) was last met before or
as of the date of the last determination. Since the issue is the same and the claimant
submits no new evidence, we would deny the claim based on res judicata.
EXAMPLE: Res Judicata Does Not Apply
Using the example above, if the claimant did submit new evidence; we would not apply
res judicata but would adjudicate the second application and give the claimant the
right to appeal any aspect of our determination.
IMPORTANT: If the claimant's disability insured status continues after the date of the last determination,
we cannot apply res judicata to the unadjudicated period (i.e., the period after the
date of the last determination). This is true regardless of whether the claimant alleges
the same onset date, impairment and there appears to be no change in the claimant's
condition. See DI 27516.001 for field office instructions on how to determine whether to apply res judicata to
a Title II disability claim.