POMS Reference

DI 27515: Collateral Estoppel

TN 9 (10-93)

Procedure

Use the following procedure when adoption applies:

1. Field Office (FO)

  1. Associate the prior folder in accordance with DI 11005.085B.3. before forwarding the claim to the DDS.

  2. Include a copy of the prior final SSA-831-U3 (if copy available) when the prior folder cannot be located.

2. Disability Determination Services (DDS)

  1. Adopt a disability decision (prior folder is not associated) based on:

    • a final copy of the prior SSA-831-U3, or

    • a DDSQ (SM 06001.508) query.

  2. Secure the folder per DI 20505.015. if it is needed to:

    • determine whether eligibility/entitlement requirements apply if sufficient evidence is not available by query or from the final SSA-831-U3,

    • resolve a continuing disability issue,

    • assist in determining onset of disability.

  3. Develop a CDR issue per DI 28030.020ff;

  4. Develop onset per DI 25501.270.

NOTE: A CDR issue or an earlier onset issue will be resolved on a postadjudicative basis unless entitlement for the subsequent claim could be an issue, e.g., duration not met in subsequent claim or prior claim may be reopened to an unfavorable decision.