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 (or Administrative Appeals Judges (AAJs), if the Appeals Council issues a decision) 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 or AAJs issue a favorable decision in one of these cases, they 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. The POMS also directs Social Security Administration field offices to forward copies of any evidence to OCA when it issues a technical denial of a subsequent claim in which there is no unadjudicated period.

This issuance reflects the above changes.

Explanation of Content and Changes

Section I-4-230 has been revised to reflect that OCA will be receiving these cases, the usual supplemental review procedures will apply, and the Appeals Council does not have jurisdiction to change an initial or reconsideration determination made on the subsequent claim.

Remove

Remove from Chapter I-4-200:

Table of Contents I-4-201 through I-4-299 dated October 30, 1990 (1 Page).

I-4-201, Supplemental Review of Pending Court Cases -- General, and I-4-210, Clerical Procedure Concerning Telephone Inquiries and Requests for Voluntary Remand, dated October 30, 1990 (2 Pages).

Insert

Insert in Chapter I-4-200:

Table of Contents I-4-201 through I-4-299 dated October 30, 1992 (1 Page).

I-4-201, Supplemental Review of Pending Court Cases -- General, dated October 30, 1990, and I-4-210, Clerical Procedure Concerning Telephone Inquiries and Requests for Voluntary Remand through I-4-230 cont., dated October 30, 1992 (3 Pages).

Date: October 30, 1992