While a prior application is pending at the AC level, the hearing office (HO) will not act on the subsequent application until the AC has taken final action. See HALLEX HA 01195.005. In part, HOs do not process these cases because the action taken by the AC may render the subsequent application moot or duplicative.

An administrative law judge (ALJ) may only take action on a subsequent application that is consistent with the AC action. Additionally, an ALJ must comply with any directive from the AC regarding a subsequent application.

When drafting a decision for a subsequent application, an ALJ must comply with any relevant ARs addressing consideration of findings in prior final ALJ decisions.

If the claimant resides in the Ninth Circuit, the ALJ must adopt prior administratively final hearing decision or Appeals Council decision findings in a subsequent application, unless certain conditions are met.

The applicable ARs is:

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  9^th Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington) AR 97-4(9): Chavez v. Bowen.

If the claimant resides in the Fourth or Sixth Circuit, the ALJ must consider as evidence prior administratively final hearing or Appeals Council decision findings in a subsequent application.

The applicable ARs are:

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  4^th Circuit (Maryland, North Carolina, South Carolina, Virginia, and West Virginia) – AR 00-1(4): Albright v. Commissioner of the Social Security Administration.

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  6^th Circuit (Kentucky, Michigan, Ohio, and Tennessee) – AR 24-1 (6): Earley v. Commissioner of Social Security.

If there is reason to believe that a revised determination would be fully favorable to the claimant, and the action would not be inconsistent with an AC directive, the ALJ may remand the case to the State agency under the conditions in 20 CFR 404.948(c) and 416.1448(c). See also HALLEX HA 01250.012.

Upon notification of the AC's denial or dismissal of a request for review, the HO will remove the subsequent application case characteristic, assign the case file for pre-hearing screening, and follow procedures in HALLEX HA 01210.005 to process the request for hearing on the subsequent application based on the date of the hearing request.

Upon notification of an AC remand to an ALJ, the HO will:

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  Associate the AC remand order with the pending subsequent application;

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  Review the AC remand order for instructions concerning processing of the subsequent application;

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  When instructed, consolidate or associate the claims and close the Case Processing and Management System (CPMS) record for the subsequent application as a technical dismissal using CPMS disposition code “OTDI”;

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  Update CPMS for the remaining claim and follow procedures in HALLEX HA 01210.005 to process the AC remand.

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  When both claims are fully electronic, use the “Join Claims” feature in the eView Status/History tab of the remand to join the remanded and subsequent claims, and

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  Add relevant documents from the subsequent claim to the remanded claim to be exhibited.

Upon notification of the AC's partially favorable or unfavorable decision, the HO will:

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  Review the AC decision and determine whether it resolves the issue(s) in the subsequent application.

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  If there is no issue(s) to be resolved, close the CPMS record for the subsequent application as a technical dismissal using CPMS disposition code “OTDI.”

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  When there is an issue(s) to be resolved, assign the case for pre-hearing screening and follow procedures in HALLEX HA 01210.005 to process the hearing request on the subsequent application based on the date of the hearing request.

Upon notification of an AC fully favorable decision, the HO will:

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  Review the AC decision and determine whether it resolves the issue(s) in the subsequent application.

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  If there is no issue(s) to resolve, close the CPMS record for the subsequent application as a technical dismissal using CPMS disposition code “OTDI.”

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  If the subsequent application is a paper case, route the subsequent claim file(s) to the effectuating component for association.

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  If there is an issue(s) that is unresolved, determine the appropriate action in regards to the unresolved issue(s) and apply any other applicable instruction.