TN 1 (11-02)

A. Introduction

A title II or title XVI case may be pending an appeal when, under the other title, one of the following occurs: an application is filed; an initial denial occurs; or there is a request for reconsideration or hearing. The manner of processing depends on whether a common issue exists.

B. Definition – Common Issue

A common issue exists when two or more claims, in any combination, share any overlapping period of time, all have the same deciding issue, whether medical or substantial gainful activity (SGA).

NOTE: It is not necessary that onset dates coincide, only that a common period of disability be involved.

C. Policy

1. Common Issue

Claims with common issues usually are consolidated and escalated to the same level of appeal.

2. Differing Issues

If the issues differ, the appeals process for single claims under the respective programs will apply.