Beginning July 28, 2011, this procedural change applies when:

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  A claimant has a prior disability claim pending at any level of administrative review; and

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  The claimant wants to file a new disability application under the same title of the Social Security Act and for the same benefit type.

References:

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  DI 51501.005 Claimant Requests to File a New Disability Application

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  DI 51501.020 Claimant Asks to Withdraw a Pending Appeal

This procedural change does not apply to subsequent disability applications (same title, same benefit type) with a protective filing date before July 28, 2011.

Also, this procedural change does not apply if the prior claim is:

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  for a different title;

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  for the same title, but for a different benefit type (e.g., claimant wants to file a new Title II disabled widow(er)’s benefit application and the claimant has a claim pending for Title II disability insurance benefits);

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  a continuing disability review;

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  an expedited reinstatement (EXR) claim;

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  an age 18 medical redetermination; or

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  in Federal court or was remanded from Federal court to the hearing or AC level.

NOTE: See DI 51501.001C and DI 51501.001D in this section when a claimant files a new application under a different title while a prior claim is pending administrative review.

If a claimant files a new Title XVI application while a prior Title II disability claim is pending administrative review, take the Title XVI application and treat it as a new application for all Title II benefits. A Title XVI application is also an application for Title II that requires adjudication per SI 00601.035, Adjudicating Title II When a Title XVI Application Is Filed.

If a claimant files a new Title II application while a prior Title XVI disability claim is pending administrative review, treat the Title II application as an oral inquiry for Title XVI benefits. Take a new Title XVI application or issue the SSA-L991 closeout notice per GN 00201.005E and SI 00601.027C.

A “new” critical or disabling condition means that onset occurred after the date of the ALJ hearing decision on the prior claim, and the condition meets the criteria for a:

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  Terminal Illness (TERI) as described in DI 11005.601;

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  Compassionate Allowances (CAL) as described in DI 11005.604;

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  Presumptive Disability/Presumptive Blindness (PD/PB) as described in DI 11055.230; or

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  Medical listing.

If the claimant has a prior disability claim pending at the AC and submits evidence of a new critical or disabling condition with onset after the date of the ALJ hearing decision on the prior claim, the claimant may request an exception to file a new disability application.

The AC must approve the request before the claimant can file a new application while the appeal is pending. If the AC does not approve the request, the claimant may file a new application after the AC completes its action on the request for review of the prior claim.

REMINDER: Do not take the new disability application until the AC approves the claimant’s request to file a new application based on this exception.

Reference:

DI 51501.010 Field Office Actions on Subsequent Disability Applications

If the ALJ issued a consolidated concurrent Title II/Title XVI decision, the claimant cannot appeal the decision under one title and file a new application under the other title. We cannot separate a concurrent Title II/Title XVI disability claim at the AC level. The AC reviews the entire hearing decision, which includes both claims.