An individual may file a new disability application while an appeal of a prior disability
claim is pending in court or before the Appeals Council (AC) after a court remand.
A new title II disability application, regardless of the title of the prior pending
claim, should be adjudicated on the merits unless it merely duplicates the prior claim;
e.g., a disability insurance benefits claim in which the date last insured expired
before the administrative law judge's (ALJ's) decision on the prior application for
the same benefits. ALL new SSI disability claims filed after the date of the prior ALJ decision can be adjudicated
on the merits because the eligibility date cannot be before the date of the application.
FOs should accept the new disability application and supporting evidence, and route
the material as indicated in GN 03106.090E. and GN 03106.095.