Last Update: 11/20/2014 (Transmittal I-2-128)
HA 01280.016 Administrative
Law Judge Decision When Prior Claim Is Pending in Court
Renumbered from HALLEX section I-2-8-16
If the claimant files a subsequent application after commencing
a civil action on a prior claim, the administrative law judge (ALJ)
will limit his or her decision to the time following the period under
review by the court. In other words, unless the claimant alleges
a later onset, the ALJ will only evaluate disability onset as of
the day following the date of the prior ALJ or Appeals Council decision.
If an ALJ issues a fully or partially
favorable decision on the subsequent application and the claim(s)
file is paper, the hearing office will ask the effectuating component
to forward the claim(s) file to the Office of Appellate Operations
(OAO) after the decision is effectuated. The Appeals Council may
need to review the subsequent allowance to determine whether the
favorable decision has any impact on the pending court case.
Generally, the hearing office can determine whether there
is a pending court case by looking in the Case Processing and Management
System. However, if it is unclear whether a prior claim is pending
judicial review, the hearing office director or designee may contact
the appropriate Office of the General Counsel (OGC) office to
determine the status of the case. For information about which OAO branch
handles a particular court jurisdiction, see HALLEX HA 01305.006 or HA 01305.007.