I-1-10-20.When the Appeals Council Will Consider Evidence in a Subsequent Application File

Last Update: 8/26/13 (Transmittal I-1-67)

A. General

The Appeals Council (AC) will only consider additional evidence that is new, material, and relates to the period on or before the date of the administrative law judge's (ALJ) decision. For the definition of these terms and a further explanation of how the AC handles additional evidence, see HALLEX I-3-3-6.

B. Analyst Review of Evidence in Subsequent Application

An analyst must look at the subsequent application file to determine whether evidence in the file is new, material, and related to the period at issue in the claim before the AC. After looking at the evidence, the analyst's action depends on the status of the subsequent application.

1. Allowance on Subsequent Application

If a subsequent application is favorably decided before the AC acts on the prior claim, the analyst will use the processing instructions in HALLEX I-1-10-30.

2. Subsequent Application Pending or Denied

If the evidence in the subsequent application folder does not meet the criteria of new, material, and relates to the period at issue, the AC will not consider the evidence. (See HALLEX I-3-3-6.) The analyst will note the finding in the Appeals Review Processing System (ARPS) analysis.

However, if the evidence does meet these criteria, the analyst will:

  • direct the adjudicator's attention to the evidence in the subsequent application;

  • discuss it in the ARPS analysis; and

  • when appropriate, associate the evidence with the request for review record.

The analyst will then follow the processing instructions in HALLEX I-1-10-25.

3. No Determination Issued on Subsequent Application

The instructions in HALLEX I-1-10-20 B.2 apply when a field office issues a No Determination (ND) on the subsequent application (see POMS DI 51501.025). However, if the AC remands the case and wants the ALJ to consider evidence in an ND subsequent application, the remand order should state that the field office did not process the subsequent application but the subsequent file contains evidence that the ALJ will associate and consider with the pending claim file.