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

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.

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 which OAO branch handles a particular court jurisdiction, see HALLEX I-3-0-6 or I-3-0-7.