Subject: Subsequent Applications
This transmittal adds a new Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-1-10 to clarify policy relating to subsequent applications. Additionally, the new HALLEX provisions provide instructions for processing subsequent applications, when appropriate, at the hearing and Appeals Council levels.
HALLEX I-1-10 is organized as follows:
HALLEX I-1-10-1 provides general policy relating to subsequent applications after implementation of Social Security Ruling 11-1p: Titles II and XVI: Procedures for Handling Requests to File Subsequent Applications for Disability Benefits.
HALLEX I-1-10-5 sets forth hearing office procedures for processing subsequent applications when a prior claim is pending at the Appeals Council.
HALLEX I-1-10-10 explains the hearing office procedures on a subsequent application after the Appeals Council has acted on a prior claim.
HALLEX I-1-10-15 explains how the Appeals Council identifies subsequent applications when a request for review is pending before the Appeals Council.
HALLEX I-1-10-20 states when the Appeals Council will consider evidence in a subsequent application claim file.
HALLEX I-1-10-25 sets forth how the Appeals Council will address a subsequent application that is pending or has been denied when the Appeals Council acts on the prior claim.
HALLEX I-1-10-30 sets forth how the Appeals Council will address a subsequent application that was allowed before the Appeals Council acts on the prior claim.
HALLEX I-1-10-35 explains how the Appeals Council will process a request for review of an administrative law judge's dismissal when the claimant has filed a subsequent application.
HALLEX I-1-10-40 describes how the Appeals Council will notify other components that are processing a subsequent application when the Appeals Council acts on the prior claim.
HALLEX I-1-10-45 references existing hearing level HALLEX sections that explain how a hearing office processes claims when a prior claim is pending judicial review and what an administrative law judge must include in a decision after a Federal court remand.
Date: August 26, 2013