Background

On October 29, 1991, the Associate Commissioner issued a memorandum announcing that Administrative Law Judges (ALJs) are no longer required to issue a recommended decision when deciding a subsequent claim while a prior claim is pending judicial review. Rather, the ALJ will limit consideration to the period not at issue in the claim pending judicial review and may establish disability onset as early as the first day following the previously adjudicated period, i.e., the period through the date of the ALJ or Appeals Council decision being reviewed by the court. If the ALJ issues a favorable decision in one of these cases, the ALJ will request the effectuating component to forward the file after effectuation to the Office of Civil Actions (OCA) for a supplemental review of the pending court case in light of the allowance. Program Operations Manual System (POMS) instructions have also been issued directing initial and reconsideration components to similarly restrict their consideration and to forward any allowances after effectuation to OCA for supplemental review.

Explanation of Content and Changes

This transmittal adds section I-2-816, Administrative Law Judge Decision When a Prior Claim is Pending Judicial Review, and amends other sections in HALLEX Division 2, Administrative Law Judge Hearings, to reflect the Associate Commissioner's revised instruction for handling new claims when a prior claim is pending judicial review.

Remove

Remove from Chapter I-2-200:

I-2-201, and I-2-201 B. 1. cont., issued October 30, 1990 (2 pages).

In Chapter I-2-800:

Table of Contents, I-2-801 through I-2-890, dated October 30, 1990 (1 page);

I-2-812 cont., and I-2-815 A. 1. c. cont., dated October 30, 1990 (2 pages); and

I-2-815 D. cont., dated May 5, 1991 and I-2-818 A. cont., dated June 5, 1992 (2 pages).

In Chapter I-2-900:

I-2-910 A. cont., and I-2-910 cont., dated October 30, 1990 (2 pages).

Insert

Insert in Chapter I-2-200:

I-2-201, and I-2-201 B. 1. cont., dated November 3, 1992 (2 pages).

In Chapter I-2-800:

Table of Contents, I-2-801 through I-2-890, dated November 3, 1992 (1 page);

I-2-812 cont., through I-2-818 A. cont., dated November 3, 1992 (5 pages).

In Chapter I-2-900:

I-2-910 A. cont., and I-2-910 B. cont., dated November 3, 1992 (2 pages).

Date: November 3, 1992