Last Update: 9/08/05 (Transmittal I-3-36)
The Social Security Administration cannot, in adjudicating a subsequent claim, invade the period already considered by the Commissioner in a prior claim which is pending judicial review. The Appeals Council will limit its consideration of the subsequent claim to the period, if any, following the period which is the subject of the judicial review. The Appeals Council may establish onset as early as the first day following the previously considered period, i.e., as early as the day after the date of the prior final ALJ or Appeals Council decision.
If the Appeals Council establishes an onset date at any point after the date of the prior final ALJ or Appeals Council decision, the Council staff will request the effectuating component to forward the file, after effectuation, to the Office of Appellate Operations, 5107 Leesburg Pike, Falls Church, Virginia 22041-3255 for consideration of the possible effect of the allowance on the claim pending judicial review (see I-4-2-30).
If it is unclear whether a prior claim is pending judicial review, OAO branch staff will contact the appropriate Court Case Program Review Branch, to determine the status of the civil action.
ALJs are not required to issue recommended decisions when a prior claim is pending judicial review.