Background

This transmittal adds a new Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-1-10 to clarify policy relating to subsequent applications. Additionally, the new HALLEX provisions provide instructions for processing subsequent applications, when appropriate, at the hearing and Appeals Council levels.

Explanation of Content and Changes

HALLEX I-1-10 is organized as follows:

HALLEX I-1-10-1 provides general policy relating to subsequent applications after implementation of Social Security Ruling 11-1p: Titles II and XVI: Procedures for Handling Requests to File Subsequent Applications for Disability Benefits.

HALLEX I-1-10-5 sets forth hearing office procedures for processing subsequent applications when a prior claim is pending at the Appeals Council.

HALLEX I-1-10-10 explains the hearing office procedures on a subsequent application after the Appeals Council has acted on a prior claim.

HALLEX I-1-10-15 explains how the Appeals Council identifies subsequent applications when a request for review is pending before the Appeals Council.

HALLEX I-1-10-20 states when the Appeals Council will consider evidence in a subsequent application claim file.

HALLEX I-1-10-25 sets forth how the Appeals Council will address a subsequent application that is pending or has been denied when the Appeals Council acts on the prior claim.

HALLEX I-1-10-30 sets forth how the Appeals Council will address a subsequent application that was allowed before the Appeals Council acts on the prior claim.

HALLEX I-1-10-35 explains how the Appeals Council will process a request for review of an administrative law judge's dismissal when the claimant has filed a subsequent application.

HALLEX I-1-10-40 describes how the Appeals Council will notify other components that are processing a subsequent application when the Appeals Council acts on the prior claim.

HALLEX I-1-10-45 references existing hearing level HALLEX sections that explain how a hearing office processes claims when a prior claim is pending judicial review and what an administrative law judge must include in a decision after a Federal court remand.

Date: August 26, 2013