TN 1 (11-02)

A. Introduction

Claimant files a new claim or appeal while a prior claim under the same title is pending before the Administrative Law Judge (ALJ).

NOTE: If a claimant files a new disability application and has a prior disability claim for the same title and benefit type pending at any level of administrative review, see DI 51501.001 – Procedural Change for Subsequent Disability Applications Effective July 28, 2011.

B. Procedure

1. New Claim

• Do not undertake any development or request the prior claim file from the Hearing Office (HO). Do not prepare a folder.

• Certified Electronic Folder -- Follow DI 81010.095 Using the Update-After-Transfer (UAT) Utility.

• Paper Folder -- Forward the new claim immediately to the ALJ.

2. Appeal

If a claimant requests an Administrative Law Judge (ALJ) hearing and the case control query shows that the needed claim folder is in a HO, take the following actions:

1. Contact the office indicated on the query to determine whether the current appeal request is a duplicate, or if the folder shown on the query is a prior claims file.

2. If the request is a duplicate, proceed as follows:

   • Prepare a Report of Contact (RC) indicating the location of the folder and that the current request is a duplicate.

   • Forward the RC with the ALJ copy of the appeal request to the appropriate hearing office.

3. If the request is not a duplicate follow DI 12010.001 to process the request.