I-2-8-16.Administrative Law Judge Decision When Prior Claim Is Pending in Court

Last Update: 11/20/14 (Transmittal I-2-128)

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.

NOTE 1:

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 the jurisdictions of each OGC office, see Hearings, Appeals and Litigation Law (HALLEX) manual I-4-1-116. For information about which OAO branch handles a particular court jurisdiction, see HALLEX I-4-3-103 or I-4-3-104.

NOTE 2:

Registered users may also learn the status of a civil action by using the Public Access to Court Electronic Records service.