Background

On October 29, 1991, the Associate Commissioner issued a revised instruction for handling new claims when a prior claim is pending judicial review. He instructed Administrative Law Judges (ALJs) and the Appeals Council to limit their consideration of subsequent claims, when a prior claim is pending judicial review, to the period, if any, following the period which is the subject of the judicial review. Further, he informed ALJs that they are no longer required to issue recommended decisions in such cases.

The Associate Commissioner's issuance followed a similar issuance by the Litigation Staff of the Office of the Deputy Associate Commissioner, which stated the Social Security Administration's (SSA's) policy that, while a civil action is pending, SSA cannot, in adjudicating a subsequent claim, invade the period already considered by the Secretary in the decision undergoing judicial review.

Explanation of Content and Changes

This transmittal adds section I-3-107, Processing Subsequent Applications When a Prior Claim is Pending Judicial Review, 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-3-100:

Table of Contents I-3-101 through I-3-190, date October 30, 1990 (2 pages).

I-3-106 cont., and I-3-111 A. cont., dated June 11, 1992 (2 pages)

Insert

Insert in Chapter I-3-100:

Table of Contents I-3-101 through I-3-190, dated October 30, 1992 (2 pages).

I-3-106 cont., through I-3-111 B. cont., dated October 30, 1992 (3 pages).

Date: October 30, 1992