BASIC (03-12)

A. Subsequent disability application pending in the field office (FO) and prior disability claim pending appeal

If the FO accepted a new disability application filed on or after July 28, 2011, and discovers there is a pending appeal for the same title and benefit type, you must take the following actions:

1. Verify that the protective filing date or the date of the new application is July 28, 2011 or later.

2. Send the claimant the Subsequent Application for Disability Benefits notice in the Document Processing System (DPS) explaining the choice to continue the pending appeal or withdraw the pending appeal and continue the new application.

   REMINDER: Do not continue to process the new application.

3. Document the Modernized Claims System (MCS) or Modernized Supplemental Security Income Claims System (MSSICS) development worksheet (DW01) screen on the new application:

   • Create an issue: “SUB APP;”

   • Set a “tickle” 10 days (plus 5 for mailing time) from the date the notice is sent; and

   • Document in Remarks: “SUB APP NOTICE.”

4. If the claimant does not respond to the Subsequent Disability Application notice within 15 days of the date of the notice, dispose of the new disability application and, if applicable, close the new Electronic Disability Collect System (EDCS) segment (see Disposition of Subsequent Disability Applications, DI 51501.025).

1. Claimant chooses to continue the pending appeal

If the claimant chooses to continue the pending appeal, take the following actions:

• Document the claimant’s choice on the Report of Contact screen in MCS or MSSICS; and

• Forward any additional evidence to the office handling the pending appeal and dispose of the new application (see DI 51501.025).

2. Claimant chooses to withdraw the pending appeal and continue the new application

Follow the instructions in Claimant Requests to Withdraw Pending Appeal, DI 51501.020.

NOTE: If you receive a paper application, send the notice and return the paper application to the claimant per DI 51501.005A.2.

B. FO improperly transfers new disability claim to the Disability Determination Services (DDS)

If you improperly transfer a new disability claim to the DDS, alert the DDS. Use the Update-After-Transfer (UAT) function to create an SSA-5002 (Report of Contact) in EDCS.

Then, the DDS will:

• Follow the procedures in DI 51501.030.

• If the DDS finds no evidence indicating a new critical or disabling condition, the DDS will transfer jurisdiction back to the FO.

When the DDS transfers the case back to the FO, you will receive a “Transfer” (TR) on the EDCS Actions Page with the remark: “Subsequent Claim.” Follow the instructions in DI 51501.010A in this section.

C. Related references

• DI 51501.001 Procedural Change for Subsequent Disability Applications Effective July 28, 2011

• DI 51501.005 Claimant Requests to File a New Disability Application

• DI 51501.015 Claimant Submits Additional Evidence

• DI 51501.020 Claimant Requests to Withdraw Pending Appeal

• DI 51501.025 Disposition of Subsequent Disability Applications

• DI 51501.030 DDS Actions on Subsequent Disability Claims