DI 33015: Procedures for Disability Hearing and Related Policy Issues
TN 6 (08-94)
A. Policy
If an individual has a request for reconsideration pending and files a new application for benefits, we may combine the issues on both claims for the purpose of the disability hearing. When we do this, we issue a combined initial /reconsidered determination with respect to common issues on both claims.
B. Procedure
1. General
Be familiar with the procedures referenced in C. below.
2. DHO's decision favorable
If the DHO's decision is favorable, show “Since the claimant is still disabled, we will not process the application he/she filed on (insert date of application)” in the 'Other Conclusion' section of the SSA-1207 if the new claim is for the same type of benefits.
3. DHO's decision unfavorable - no development needed
Prepare the necessary SSA-833-U3 and SSA-831-U3 if the determination on the claim under appeal is unfavorable.
Advise the claimant, in the DHO's decision, that the two determinations have been combined.
See DI 33015.025 for special notice instructions.
4. DHO's decision unfavorable — development needed for new claim
Forward the claim to the DDS for adjudication when the DHO's decision is unfavorable and development is needed for the new claim.
C. Reference
DDS procedures in this area, DI 29005.022.
General instructions for new applications with reconsideration, DI 27010.005.