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SI 04050.020: Action While SSI Litigation is Pending

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  • Effective Dates: 10/30/2008 - Present
  • Effective Dates: 11/08/2017 - Present
  • TN 1 (08-99)
  • SI 04050.020 Action While SSI Litigation is Pending
  • A. Policy
  • You must be careful to obtain approval as required in this section before taking any action on a claim involved in any way in pending litigation. During the time an action is pending in court for review of the final administrative decision, thecase is not under SSA's jurisdiction.
  • Adjudicative action may not be taken that directly affects a claim before the court unless the case is remanded to the Commissioner. This is true even if the appellants file a Complaint in the District Court while a request for administrative review is pending.
  • B. Procedure
  • 1. If New Evidence Is Received
  • Forward the new evidence immediately to ODAR, 1 Skyline Tower, 5107 Leesburg Pike, Falls Church, VA 22041-3255 for consideration of whether the evidence is new and material and whether there may be cause for seeking remand. Make no commitment as to whether remand will be sought or, if sought, whether the court will remand.
  • Forward the new evidence immediately to OHO, 1 Skyline Tower, 5107 Leesburg Pike, Falls Church, VA 22041-3255 for consideration of whether the evidence is new and material and whether there may be cause for seeking remand. Make no commitment as to whether remand will be sought or, if sought, whether the court will remand.
  • 2. Other Administrative Actions
  • For other administrative actions related to the matter involved in litigation, obtain clearance from OGC, Office of Program Law. This is to avoid prejudicing defense of the court case. In such cases, contact the Office of Program Law, Room 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235 or via internal email at ^OGC OPL Controls.
  • 3. Subsequent Applications
  • a. General
  • Take a new application if the claimant wants to refile.Accept any evidencethe claimant offers in support of the new application and associate it with the file.
  • Take a new application if the claimant wants to refile.Accept any evidence the claimant offers in support of the new application and associate it with the file.
  • b. No Common Issue
  • In title XVI disability cases, process in accordance with GN 03106.095B.
  • c. Common Issue
  • In title XVI disability cases, process in accordance with GN 03106.090D.
  • In title XVI nondisability cases, process the case in the FO. If the new claim is allowed, notify LSon (410) 965-1508 after processing.
  • C. Reference
  • Title II Policy, GN 03106.090B
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