Explanation of Content and Changes

In December 1999, SSA implemented new procedures for handling a subsequent disability claim filed under the same or a different title as a prior claim that is pending at the Appeals Council. Under the procedures issued in 1999, SSA processes and adjudicates all subsequent disability applications of individuals who have appeals pending review by the Appeals Council, irrespective of whether the earlier claim was made under the same or a different title. This transmittal provides the policy and procedures for processing fee agreements in prior/subsequent application situations.

The new section, I-1-2-16, defines subsequent application cases for fee purposes and conveys the policy that SSA will apply all the fee agreement rules to these cases as if there were only one claim pending. It also provides:

• policy and procedures for documenting the appointment of a representative and a fee agreement in the subsequent application;

• decision maker responsibilities regarding fee agreement approval or disapproval;

• jurisdiction to authorize fees under the fee petition process if the fee agreement is disapproved;

• procedures for processing incorrectly approved fee agreements;

• guidelines to follow when acting on a fee agreement in a variety of situations; and

• examples to illustrate the application of some of the policy statements.

In addition, new sections I-1-2-117 — I-1-2-121 are exhibits that provide a fee agreement recommendation and orders to use when approving or disapproving fee agreements in subsequent/prior application cases.

Date: September 9, 2004