DI 27515: Collateral Estoppel
TN 9 (10-93)
Procedure
Use the following procedure when adoption applies:
1. Field Office (FO)
Associate the prior folder in accordance with DI 11005.085B.3. before forwarding the claim to the DDS.
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)
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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.
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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.
Develop a CDR issue per DI 28030.020ff;
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.