I-1-10-15.Appeals Council (AC)- Procedures to Identify Subsequent Applications When a Request for Review Is Pending
Last Update: 8/26/13 (Transmittal I-1-67)
A. Analyst Responsibilities
As part of case workup actions, an Office of Appellate Operations (OAO) analyst must determine whether the claimant with a pending request for review also filed a subsequent application. This is necessary because if a subsequent application exists, the analyst must determine the status or outcome of the subsequent application to determine the appropriate AC action. For example, when a favorable determination is issued on a subsequent application, the analyst must evaluate the established onset date.
If following the procedures in HALLEX I-1-10-1 later results in a No Determination on an erroneous subsequent application (see POMS DI 51501.025), the analyst will use the instructions in HALLEX I-1-10-20 in regard to evidence, but will otherwise use the appropriate processing instructions in HALLEX Volume I Division 3.
Analysts must be careful not to overlook subsequent applications that do not appear in eView. Some subsequent applications, such as those associated with paper exclusion cases, are only found through queries. Therefore, in regards to subsequent application issues, analysts will obtain, review, and associate the following queries with the claim file(s) before forwarding a recommendation to the AC:
Master Beneficiary Record (MBR) – Full MBR (FACT)
Supplemental Security Income Detailed (Complete Record Request)
Disability Determination Service Query (DDSQ)
B. Notification From Other Components
1. Alerts at Initial or Reconsideration Level
When a subsequent application is allowed at the initial or reconsideration levels, the field office (FO) will notify the AC for priority processing under HALLEX I-1-10-1 D.
If the file is a certified electronic folder and the prior claim at the AC is linked to the Electronic Disability Collect System (EDCS), the AC will receive an electronic alert from the FO. The message will create an alert in the Appeals Review Processing System (ARPS) record. Branch chiefs (BC) and supervisory legal assistants (SLA) will identify these cases by regularly running the appropriate management workload listing report in ARPS. If a case characteristic has not already been added, the BC or SLA will add the case characteristic “Subsequent Application – Allowed (SUBC)” in ARPS.
If a paper file is involved or either case is not linked in EDCS, the FO will follow the instructions in POMS DI 12045.027 D. to notify the AC. Once the allowance is identified, the AC will add the case characteristic “Subsequent Application – Allowed (SUBC)” in ARPS.
2. Alerts at Hearing Level
At the hearing level, the hearing office will not process the subsequent application(s) until the AC acts on the prior claim. See HALLEX I-1-10-5.
Hearing office identify these cases with the case characteristic “SBAP” and place them in the case status code Master Docket “MDKT.” OAO staff, generally in the Office of the Executive Director, will regularly run lists of these cases and forward the information to the appropriate branches for expedited processing under HALLEX I-1-10-1 D.