I-4-1-33.Declarations — Res Judicata

Last Update: 9/13/05 (Transmittal I-4-15)

A. General

When the claimant files a civil action after receiving a res judicata dismissal order from either the AC or an ALJ, there is no right to judicial review and the analyst must prepare a declaration using the fill-in draft res judicata format in I-4-1-112. In reviewing the file, the CCPRB analyst must ensure that the ALJ and/or AC appropriately applied the res judicata provisions of the regulations. The analyst will be alert to recent legislative or regulatory changes which may apply to the case. In addition, the analyst must verify the date last insured to ensure that there is no unadjudicated period (see I-3-3-9).

B. Using the Fill-in Draft Declaration

The analyst must insert all identifying information in the appropriate blank spaces and annotate the form to ensure that only the regulatory citations for the correct title(s) are used.

Thereafter, the analyst must set forth the claimant's case history beginning with the prior final decision/determination cited by the AC or the ALJ. Attach all relevant documents as exhibits to the declaration. If the relevant documents are not available, state this in the declaration and explain the basis for making assertions about the missing documents.