The existing entitlement until requested by the DDS. The FO will issue a notice with the explanation. Review my current benefits.” When it is not possible to inform the claimant verbally, I also understand that SSA may need to review continuingĮligibility for my current disability benefits. “I understand that SSA will make a determination for this application, which couldīe favorable or unfavorable. The claimant and add a remark to the RMKS screen or SSI application page. During the interview, verbally explain to IMPORTANT: The FO must inform the claimant that the new claim could result in a denial or potentially Once FO development is complete, transfer the subsequent Inform the claimant that a continuing disability review (CDR) may be required on For more information on documenting work activity, see DI 10501.025. Generally, judicial estoppel bars a litigant from asserting a position that is inconsistent with one he or she previously took before a court, but prior inconsistent statements made by the. 'The doctrine of judicial estoppel precludes a party from taking a position in one legal proceeding which is contrary to that which it took in a prior proceeding, simply because its interests have changed' (Moran Enters., Inc. For guidance on processing new initial Supplemental Security Income (SSI) claims, (46) Filing may occur primarily for the convenience of the parties or to preserve testimony, but the filed documents may never actually be reviewed by the court. Work performed after the established onset date (EOD) of the current entitlement.įor initial claims processing, see DI 11000.000.
ESTOPPEL BASED ON PRIOR PUBLICLY FILED DOCUMENTS NEW YORK FULL
II or title XVI application for disability benefits, complete the full front-end disabilityĪnd non-disability development, including completing SSA-3368 Disability Report –Īdult, SSA-827 Authorization to Disclose Information to the Social Security Administration,Īnd an SSA-3367 Disability Report – Field Office. When an individual currently entitled to disability benefits files a subsequent title For initial title II technical denials and claims not requiring a disability determination, If the claim has been heard in court or was settled out of court but could have been taken to court, res judicata says that it cannot be taken to court again.
Res judicata is the doctrine that a claim that has already been litigated or could have been litigated cannot be litigated again. For FO res judicata developmentĪnd processing, see DI 27516.001. Collateral estoppel is a subgenre of res judicata. TheįO will continue to develop potential res judicata claims. NOTE: The following instructions apply only to potential collateral estoppel claims.
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