I-2-8-16.Administrative Law Judge Decision When a Prior Claim Is Pending Judicial Review

Last Update: 9/2/05 (Transmittal I-2-63)

If the claimant files a subsequent application after commencing a civil action on a prior claim, the ALJ will limit his or her consideration to the period, if any, following the period undergoing judicial review. The ALJ may establish disability onset as early as the first day following the previously adjudicated period, i.e., the period through the date of the ALJ or Appeals Council decision being reviewed by the court.

If an ALJ makes a fully or partially favorable decision on the subsequent application, the ALJ or designee will request the effectuating component to forward the file, after effectuation, to the appropriate Court Case Preparation and Review Branch (CCPRB) in the Office of Appellate Operations, 5107 Leesburg Pike, Falls Church, Virginia 22041-3200, to determine the impact, if any, of the favorable decision on the pending court case.

If it is unclear whether a prior claim is pending judicial review, the Hearing Office Director or designee may contact the appropriate Regional Chief Counsel's office to determine the status of the pending court case. See I-4-1-116 for the Office of the General Counsel's regional and headquarters jurisdiction. See I-4-3-103 for CCPRBs Jurisdictional Breakdowns.

NOTE:

Information on the status of a court case may also be obtained by using the Public Access to Court Electronic Records (PACER) which is available in SSA's Digital Library and can be accessed through the SSA Intranet EIS Home Page. Once in the Digital Library, click on QuickList in the upper left corner of the screen, select the letter “P” and click on the LOGIN link next to the PACER title. Read the instructions and note the SSA PIN and PASSWORD that should be used to access PACER.