I-2-2-30.Collateral Estoppel — Issues Already Decided in a Prior Claim

When an Administrative Law Judge (ALJ) has for decision an issue which has already been decided in a previous determination or decision in a claim involving the same claimant but arising under a different title of the Social Security Act (Act) or for a different benefit under the same title of the Act, the ALJ will not consider the issue again (20 CFR 404.950(f) and 416.1450(f)). In this situation, the ALJ will apply the doctrine of collateral estoppel and accept the factual finding made in the previous determination or decision, unless there are reasons to believe that it was wrong. The ALJ will include in the current decision a reference to the factual finding made in the previous determination or decision, and a statement that such finding is binding in the current claim.

For guidance on the application of collateral estoppel in disability claims, see Program Operations Manual System (POMS) DI 11011.001.